Should I Post Bail? Understanding Your Options

If you or someone you care about has been arrested, one of the first questions that might come to mind is whether or not you should post bail. Bail is the amount of money set by the court to secure someone's release from jail while they await their trial. It’s designed to ensure that the person will return to court as required. However, deciding whether or not to post bail can be a complicated decision. This blog will help you understand what bail is, how it works, and whether posting bail is the right choice for you.

What is Bail?

Bail is money or property given to the court as a guarantee that an arrested person will appear in court for their trial or hearing. The idea behind bail is to allow the person to be released from jail while they wait for their court date, without the need to stay in jail. If the person shows up for all of their scheduled court dates, the bail is returned at the end of the case. If they don’t show up, they forfeit the bail, and a warrant for their arrest is issued.

There are different types of bail, including:



• Cash Bail: You pay the full bail amount in cash to the court.
• Surety Bail: A bail bondsman posts bail on your behalf, and you pay them a fee (usually 10-15% of the total bail amount).
• Property Bond: You offer property (like a house or car) as collateral for bail.
• Release on Own Recognizance (ROR): The court may release you without requiring bail, based on the promise that you will appear in court as scheduled.

Should I Post Bail?

Deciding whether to post bail depends on several factors, including the nature of the offense, the bail amount, and the person’s criminal history. Here are a few things to consider before making your decision:

1. The Amount of Bail

The amount of bail can vary greatly depending on the severity of the crime. For minor offenses, bail may be set at a low amount, which makes it easier to pay. For more serious charges, bail can be set at a higher amount, which might make posting bail more difficult.



If you can afford the bail amount, you might consider posting bail to avoid spending time in jail before your trial. However, if the bail is too high for you to afford, you may need to explore other options, like working with a bail bondsman or asking the court to reduce the bail.

2. The Nature of the Crime

The seriousness of the crime also plays a role in the decision. If someone is arrested for a minor offense like a traffic violation, posting bail may be a straightforward decision. However, if they are arrested for a more serious crime (such as assault or drug-related charges), the court may set a higher bail to ensure that the defendant shows up for court.



In some cases, the judge may decide not to allow bail at all, particularly if the defendant is considered a flight risk or a danger to the community. If this happens, the person will remain in jail until their trial.

3. Criminal History and Flight Risk

If the defendant has a history of failing to appear in court or has a criminal record, the court may be less likely to grant bail or may set a higher bail amount. If the defendant is considered a flight risk (meaning they might try to leave town or go into hiding), posting bail might not be an option.



In cases where the court believes that the defendant is likely to flee, they may refuse to set bail or ask for a larger amount to ensure the defendant’s return to court.

4. Financial Considerations

Posting bail can be expensive, especially if the bail amount is high. If you or your loved one can’t afford to pay the full amount, you might consider using a bail bondsman. A bail bondsman typically charges a fee of 10-15% of the total bail amount and will handle the rest of the payment. Keep in mind that this fee is non-refundable, even if the defendant shows up for court and the bail is returned.



If you’re considering using a bail bondsman, it’s important to read the contract carefully and understand the terms. If the defendant fails to appear in court, you could be responsible for paying the full bail amount to the bondsman.

The Benefits of Posting Bail

There are several reasons why posting bail may be the right choice for you or your loved one:

1. Avoiding Time in Jail

The most obvious benefit of posting bail is that it allows the arrested person to be released from jail while they await their trial. Jail can be an uncomfortable and stressful environment, and posting bail allows the individual to continue working, attending school, or taking care of their family while they wait for their court date.

2. Time to Prepare for the Case

Being out on bail gives the defendant more time to meet with their attorney, gather evidence, and prepare a defense. It also allows them to continue with their normal routine, which can help reduce the stress and anxiety of facing legal proceedings.

3. Demonstrating Good Faith

Posting bail shows the court that the defendant is serious about their commitment to attend their court hearings. It can also show that they are willing to comply with the legal process and that they do not intend to flee the jurisdiction.

The Risks of Posting Bail

While posting bail has its advantages, there are also risks involved, particularly if the defendant does not show up for their court hearings. Here are a few potential risks to consider:

1. Losing the Bail Money

If the defendant fails to appear in court, they forfeit the bail money, and a warrant may be issued for their arrest. In the case of surety bail (through a bail bondsman), the bondsman will expect the full bail amount to be paid, which can be a significant financial burden.

2. Financial Strain

If you are unable to afford the bail amount, you may find yourself struggling to come up with the necessary funds. If you need to borrow money or use a bail bondsman, this can create additional financial pressure. Even with a bail bondsman, you’ll be required to pay a non-refundable fee, which can be costly.

3. Responsibility for the Defendant’s Actions

If you post bail for someone else, you are financially responsible for making sure they show up for their court date. If they don’t, you could be required to pay the full bail amount. It’s important to consider whether you trust the defendant to meet their obligations before posting bail.

Alternatives to Posting Bail

If you’re unable or unwilling to post bail, there are some alternatives to consider:

1. Requesting a Bail Hearing

If you believe the bail amount is too high or unfair, you can request a bail hearing. At this hearing, you can present reasons why the bail should be lowered or why you should be released without bail. This might be a good option if you are unable to pay the full bail amount.

2. Release on Own Recognizance (ROR)

In some cases, the court may release the defendant without requiring any bail at all. This is known as release on own recognizance (ROR). This option is typically available to defendants with no prior criminal record, who are not considered a flight risk, and who are charged with a non-violent crime.

3. Bail Reduction

If the bail is set too high, you or your attorney can file a motion to request a reduction. A judge will review the request and may lower the bail based on factors like financial hardship or the defendant’s ties to the community.

In Summary

Deciding whether or not to post bail is a personal decision that depends on your specific situation. It's important to carefully weigh the pros and cons of posting bail, consider the financial implications, and understand the risks involved. If you’re unsure whether posting bail is the right choice, consulting with an experienced attorney can help you understand your options and make an informed decision. Whether you choose to post bail or not, it’s important to make sure you have the legal support you need during this challenging time.

The Role of a Defense Attorney

When you hire Barlow Law, you can expect dedicated support throughout the legal process to protect your rights and navigate your case. Here's how we assist you every step of the way:

• Initial Consultation: We review your case, listen to your concerns, and outline potential defense strategies tailored to your situation.
• Investigation and Research: Our team gathers evidence, reviews police reports, and interviews witnesses to build a strong defense on your behalf.
• Pretrial Preparation: We handle filing motions, negotiating with prosecutors, and preparing strong arguments to ensure you’re ready for trial, if necessary.
• Representation in Court: Whether it's a hearing, trial, or negotiation, we’ll represent you and fight for the best possible outcome.
• Resolution: We aim for the best resolution possible, which may involve a case dismissal, reduced charges, or a negotiated settlement.



With Barlow Law, you receive expert legal advice on how to handle questioning, comprehensive case strategy, and strong representation to safeguard your rights.