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Home > How to Post Bail in New Hampshire: 5 Things to Know

How to Post Bail in New Hampshire: 5 Things to Know

A defendant is in enough trouble to be arrested at all in New Hampshire. But the state has laws in place that create enhanced penalties for a defendant who commits a crime while out on bail. If the defendant commits any misdemeanor “while on release” the court can impose a maximum sentence of not more than 1 year in jail. If the crime committed was a felony, the court can impose a maximum sentence of not more than 7 years in jail. These sentences must be served consecutive to any other penalties – meaning they are in addition to whatever sentence is imposed for the original crime. If you are arrested in New Hampshire, here are 5 things you need to know to post bail.

 

  1. 3 Ways to Get Out of Jail


Personal recognizance – This is known as PR bail in New Hampshire and is generally only available to defendants with little or no criminal history that have committed a misdemeanor that did not involve violence. A criminal defense attorney can help a defendant by arguing for PR bail, including offering conditions placed on the release such as restrictions on travel or who the defendant can see.

Cash bond – This option is only available to defendants who can afford to post the entire amount of bail in cash. A defendant also can enlist the help of a co-signer. The advantage of cash bail is that virtually all of the money is returned as long as the defendant shows up for all court appearances. If a bail bond company is utilized, a 10 percent premium must be paid.

Surety bond – When defendants cannot afford to pay the full bail amount in cash, a surety bond is a popular option. A bail bond agent enters into a contract with the defendant, and a co-signer if one is required. The defendant pays only 10 percent of the bail amount to the agent, and the bail bond company guarantees the entire amount to the court. However, if the defendant doesn’t show up for all court appearances, the bail bond company can collect the entire amount of the bail. Often, a bail bond agent will require a defendant or co-signer to put up collateral – such as stocks, CDs or other property – as part of the transaction.

  1. How to Get Bail


Once you have been fingerprinted, photographed and processed as a prisoner in jail, you will be given an opportunity to contact a family member or friend – or if you choose, a bail bond company. Whether you post a cash bail or sign a contract with a bail bond company for a surety bond, that first phone call can begin the process.

  1. What Will Bail Cost


The main cost comes if you hire a bail bond company in New Hampshire. State law allows these companies to charge a 10 percent premium – which is non-refundable – for providing surety bonds to defendants. There are other minor fees and court costs involved. If the defendant does not show up for all court appearances, the cost increases. The court in that situation will order a forfeit of the bond and the defendant and any co-signer will be required to pay the entire amount of the bail. Also, any collateral put up also will be seized in that situation.

  1. How Long Will I Stay in Jail


That depends on a couple of factors. If the amount of bail must be set by a judge or bail commissioner during a formal hearing that can sometimes involve a delay. The state has a bail schedule for most misdemeanor crimes, but more serious crimes usually require a bond hearing.  For a misdemeanor with a preset bail amount, a defendant may only spend 2 to 5 hours in jail. However, a defendant arrested at night or on the weekend may have to wait until the next morning to post bail. Defendants can request that a bail commissioner be summoned to set bail. The cost for this service is $40.

  1. What if I Miss a Court Appearance


The court will immediately issue a bench warrant for the defendant, who now faces a second offense in addition to the crime that put him or her in jail in the first place. At the same time, the court will require the entire bail amount from a bail bond agent. The agent will then pursue collection of the full bail amount from the defendant and any co-signer. The bail bond company likely will send out an employee to try to bring the defendant back to court save some or all of the bail forfeiture charge.

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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How to Post Bail in New Hampshire: 5 Things to Know

A defendant is in enough trouble to be arrested at all in New Hampshire. But the state has laws in place that create enhanced penalties for a defendant who commits a crime while out on bail. If the...more

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