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Home > How to Post Bail in Louisiana: 5 Things to Know

How to Post Bail in Louisiana: 5 Things to Know

There is no constitutional guarantee to bail, and in Louisiana, there are two situations in which defendants are not allowed to be released on bail. The first is for a defendant charged with a capital offense and the court determines after a hearing the proof is “evident” that the presumption of guilt is great. The second situation involves a defendant charged with a crime of violence or drug trafficking, and a judge determines “by clear and convincing evidence” after a hearing that there is a substantial risk the defendant would flee or hurt someone in the community. If you are arrested and jailed in Louisiana here are 5 things you need to know to post bail.

 

  1. 5 Ways to Get Out of Jail


Personal Recognizance – Generally, non-violent defendants can ask the court to consider a release without bond security. This is one of the many reasons that an experienced criminal attorney is a necessity for someone jailed in Louisiana.

Cash bond – This is no different than cash bonds elsewhere in the country. A bail bond company is not involved so there is no premium payment. Instead, the defendant or a co-signer puts up the entire amount of the bail.

Commercial surety bond – Under Louisiana law, bail bond companies that are licensed and regulated through the state Department of Insurance can enter into a contract with a defendant to receive 12 percent of the bail amount in exchange for guaranteeing the entire amount to the court. The 12 percent premium is non-refundable, and bail bond companies routinely require a co-signer.

Property bond – In some cases, a defendant or a co-signer will put up a piece of property to cover the cost of bail. The land must be located in the state and the court will record a mortgage against the property after receiving the title and ensuring there is sufficient equity to pay the bond, if necessary.

Personal Surety Bond Undertaking – Known in the state as PSBU, this option involves bringing in a third party who pledges to guarantee the bail amount. The PSBU does not make a payment in advance, but a hearing is usually conducted to determine the third party is financially able to co-sign on behalf of the defendant. There is a charge to the PSBU – in Orleans Parish, the cost is $200.

  1. How to Get Bail


A defendant must first be booked into jail, a process that takes anywhere from 45 minutes to 2 hours, depending on the size of the jail. After the booking process is finished, the defendant is given the opportunity to make a phone. This call can be made to a family member or to a bail bond agent. Or, if the defendant has enough cash to pay the full amount of the bail, it’s possible to pay that cash immediately – as long as the amount of bail is known.

  1. What Will Bail Cost


Cash bail will be returned minus only court and administrative fees. If a bail bond agent is used, the cost is the 12 percent premium, in addition the fees. In the case of a PSBU, the cost is $200 in many parishes, as well as court costs other charges. Some bail bond companies may allow defendants to pay the 12 percent premium on a payment plan.

  1. How Long Will I Stay in Jail


For most misdemeanors, it’s possible to be booked and post bond in a matter of hours, according to criminal defense attorneys. That’s because all parishes have a bail schedule for most misdemeanor crimes. For a more serious crime, state law requires that a defendant be brought before a judge in person or by closed-circuit TV – within 72 hours of arrest. The more serious the crime, which requires the bail to be set during an arraignment, the longer a defendant may have to wait to be released from jail. Also, any defendant arrested for impaired driving must remain in jail for a set period of time – usually 8 hours – to ensure he or she is no longer impaired before being released.

  1. What if I Miss a Court Appearance


The crime of failure to appear occurs when a defendant fails to show up to a scheduled court appearance. The judge will immediately issue an arrest warrant for failure to appear and also issue a warrant for the original crime. The court will retain a cash bond and if the case involved a commercial surety bond, the court will seek the remainder of the bond from the defendant and the co-signor. Under Louisiana law, the bail bond company has 180 days to request a hearing and reimbursement of the bond.

This article is for informational purposes only. If you need legal advice you should visit an attorney.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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