So, you want to get your loved one out of prison fast by posting bail. Now, you may be asking—does bail mean you have been charged?
To answer this question, we have put together some information for your reference.
What Happens After An Arrest?
After being arrested, your loved one may face the following situations:
1. Released Without A Charge
The police may release them without being charged. This may be the case for first-time offenders and minor offenses.
2. Released Under Investigation
Depending on the state, a person cannot be held in prison for more than 48 to 72 hours. If the police do not have sufficient evidence to make a charge, your family member will be released under investigation.
3. Defendant Is Released On Bail
If there is sufficient evidence to make a charge, they will be taken to see a judge. The judge determines the merits of the case, and depending on the seriousness of the offense, they may be released on bail.
4. Defendant Is Barred From Posting Bail And Is Held in Custody
The judge may rule to keep the defendant in custody. This happens when the defendant is involved in a serious crime. The defendant may also be barred from posting bail for the following reasons:
- The defendant has a history of skipping bail.
- The defendant poses a serious risk to the community.
- The defendant is likely to commit other offenses.
- The defendant is a flight risk.
How To Post Bail
Bail can be posted as a cash bond, property bond, or surety bond.
The defendant, their legal representative, or their bail bond agency can submit the payment. Bail can be paid for with cash, cashier’s check, money order, or credit card.
Where you submit the payment depends on your jurisdiction, although you can usually pay it at the detention center where the defendant is being held.
Do I Get The Bail Bond Back?
If the defendant fails to appear in court, the bail posted on their behalf is forfeited, and the person who posted it can no longer get the amount back.
In cases where a property bond is posted, the court will order the property foreclosed.
If a surety bail bond is used, the bail bond company will have to pay back the total bail amount. After this, they will recoup their losses with collateral from the defendant.
This is why it is crucial for the defendant to appear in court on their court dates. Failing to appear will cause further financial and legal trouble for the person and their family.
Working With A Reliable Bail Bond Agency In Memphis
If you or a loved one is in jail in Shelby County, All N One Bail Bonds can help.
Call us or process an online bail bond request today.
