Criminal Defense Lawyers

Can I Bail Someone Out of Jail if I’m Not a Family Member?

Can I Bail Someone Out of Jail if I’m Not a Family Member?

Getting arrested and going to jail can be a scary, overwhelming experience. And once someone is booked into jail, their first thought is often “how do I get out of here?” For many people, the answer is trying to get someone to post their bail so they can be released while their case makes its way through the criminal justice system.

But what if you don’t have any family who can post bail for you? Or what if your family doesn’t have the money or resources to put up the full bail amount? Are you just stuck sitting in jail until your case finishes? Not necessarily! There are options for non-family members to post bail for someone in jail in many cases. Here’s what you need to know about bail and how it works when you want to bail someone out who isn’t a family member.

What is Bail and How Does it Work?

First, let’s cover some bail basics. Bail is money or property given to the court to secure someone’s release from jail or detention. It allows the accused person to be released while their criminal case proceeds, rather than making them sit in jail the entire time. Bail is not supposed to be used as punishment before someone is convicted – it’s simply collateral to make sure the defendant returns for required court appearances.

When someone is arrested, the judge will set a bail amount at the initial court appearance (called an arraignment). The bail amount can be paid in full by cash or bond, or sometimes there is the option to use a commercial bail bondsman who will post a percentage of the full bail amount. Once bail is posted, the defendant is released with instructions to return for all upcoming court dates. As long as they show up as required, the bail money is returned at the end of the case (minus any bondsman fees if one was used).

If the defendant misses a court appearance or violates any conditions of release, the bail will be forfeited – meaning the court keeps the money. So the bail amount is set high enough that the defendant doesn’t want to miss court dates or violate release conditions, or else they lose that money.

Who Can Pay Someone’s Bail?

When it comes to who can pay bail for someone, there are no specific legal limitations. The bail payment process does not require any proof of relationship between the bail poster and the defendant. The court is simply looking for assurance that the bail amount will be paid in full.

However, police stations and jails often have policies that only allow immediate family members to post bail directly. They may require non-relatives to use a bail bonds company instead of paying the full bail amount themselves. But again, there are no actual laws restricting bail payments to family only in most states.

That means friends, co-workers, employers, clergy members, or even strangers can legally pay the bail for someone in jail who they want to help out. The court doesn’t care where the money comes from, as long as the full bail amount is paid according to the required procedures.

Why Would a Non-Family Member Post Bail for Someone?

There are many reasons why a person may want to post bail for someone they aren’t related to, including:

• Friends wanting to help out friends who are in a tough situation
• Significant others or dating partners posting bail for their boyfriend/girlfriend
• Co-workers or employers helping make bail for someone they work with, so the person doesn’t lose their job
• Church members or clergy helping a fellow member of their congregation
• Advocacy groups helping those who can’t personally afford high bail amounts
• Strangers sympathizing with someone’s story and wanting to help

For low-income individuals and families, coming up with hundreds or thousands of dollars in bail money can be impossible. Many people languish in jail for months because they can’t afford bail before their case goes to trial. This disproportionately impacts poor and minority communities. So social justice groups on both the national and local levels have formed bail funds to help those who can’t afford their bail amount. The Bail Project and Appolition are two examples of national organizations that work to pay bail for people in need. Local religious congregations or community groups often form their own bail funds as well.

How to Post Bail for Someone if You’re Not Family

The process for posting bail will vary between jurisdictions, but there are some general steps to follow:

1. Find out the bail amount – The defendant themselves should be able to tell you this number, which is set at their arraignment hearing.
2. Determine if you need a bondsman – Some jails have policies that non-family can only post bail through an approved bondsman, who will charge a fee.
3. Pay the bail amount – If allowed, you can pay the full bail directly to the court through cash or other approved methods like cashier’s check or money order.
4. Provide receipt and ID – You’ll need to show the receipt for your bail payment and your own ID when posting bail at the jail.
5. Sign paperwork – There will likely be some paperwork to sign acknowledging you posted the bail amount.
6. Defendant is released – Once bail is posted properly, the jail can then release the defendant being held there.

The bail payment process must usually be completed in-person at the specific jail where the person is being held. Some jurisdictions may allow you to pay at the courthouse instead of the jail. You’ll want to call ahead to the facility holding the defendant and ask what their requirements are for a non-family member to post bail.

Using a Bail Bondsman Instead of Paying Full Bail

If the jail will not allow you to directly pay the full bail amount since you aren’t related to the defendant, the next option is using a bail bondsman. The bondsman will charge a nonrefundable fee, usually 10% of the total bail amount. You pay the fee to the bondsman, and they will post a surety bond with the court for the full bail amount. This saves you from having to come up with the entire bail amount upfront.

The bondsman may also require collateral like a lien on property to secure their losses if the defendant skips bail. And the bondsman may impose additional monitoring conditions the defendant must follow after release. But going through a bail bondsman allows almost anyone to help get an unrelated person out of jail.

Risks of Posting Bail for Someone Else

While it can be rewarding to help someone in need by posting their bail, there are some risks to keep in mind:

• The defendant may miss court dates or violate release conditions, meaning you lose the bail money.
• If using a bondsman, you may still be liable for the full bail amount if they violate release.
• It can create financial hardship for you or strain relationships.
• There may be public records showing you posted bail for someone accused of a crime.

So before posting bail for someone unrelated to you, think carefully about whether you can afford the financial downside, and how it may impact your life or reputation. Get any agreements in writing. And remember the court is in no way obligated to return bail funds to you if forfeited – so only take that risk if you can afford the potential loss.

When Bail Funds Make a Difference

While posting bail is risky, for many low-income people, it’s the only hope for getting out of jail before their trial. Groups like The Bail Project have made a huge difference by posting hundreds of bails across the country. They report that clients released on bail are over 10 times more likely to avoid jail time and over 4 times more likely to have charges dismissed – showing the benefits of release before trial.

Local community bail funds also share many stories of people helped – moms reunited with kids, people who don’t lose jobs or housing because they make bail, and those with health conditions who need treatment outside jail. So while paying a stranger’s bail requires caution, for some, it can provide a lifeline during a difficult time.

The Bottom Line

Posting bail for someone you aren’t related to is allowed in most jurisdictions. While police stations and jails often have rules limiting bail payments to family, there are no laws prohibiting non-family from paying bail. Friends, clergy, employers, community groups, and even strangers can legally bail someone out of jail who they want to help.

Of course, it’s smart to proceed with caution any time you take on someone else’s financial burden. But for those who can afford the risk, paying bail for a non-family member provides a way to potentially help someone in need. In the right circumstances, it can make a huge difference in that person’s life and case outcome.

Sources:

• How Does Bail Work
• The Bail Project
• Appolition
• The Bail Project Results