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Home > How to Post Bail in North Dakota: 5 Things to Know

How to Post Bail in North Dakota: 5 Things to Know

Once the court has been notified that a defendant did not show up for a scheduled hearing, is there any way to stop a bail forfeiture? North Dakota law allows a bail bond company to find and return a defendant to court. That triggers a hearing in which the bail bond company can request that the forfeiture be set aside. Normally, that requires a  payment equaling 5 percent of the bail to the court. However, state law allows a bail bond company to be reimbursed for reasonable costs in tracking down and arresting a defendant, adding more costs to a defendant and co-signer.  If you are arrested in North Dakota, here are 5 things you need to know to post bail.

  1. 4 Ways to Get Out of Jail


Personal recognizance – Under North Dakota law, this is the preference for the pre-trial release of defendants. The judge can deviate from a release without the payment of bail unless there are factors that indicate the defendant would not show up in court, such as being charged with a serious felony, having prior criminal convictions or other issues determined pointed out by prosecutors.

Cash bond – A defendant, or co-signer, can pay the entire amount of bail in cash. This option facilitates a fairly quick release from jail in most situations and doesn’t require the payment of a premium to a bail bond agent for a surety bond. However, a defendant who chooses this option must take into account the cost of hiring an attorney and other expenses related to the arrest.

Surety bond – While it is possible for defendants or co-signers to afford cash bonds for misdemeanor crimes, bail amounts increase steeply for more serious crimes. If a defendant doesn’t have enough cash, a popular option is a surety bond. The benefit is that a bail bond company will charge 10 percent of the bail – a premium that is nonrefundable – and guarantee the rest of the bail to the court. A co-signer or more than one co-signer can be used to come up with 10 percent premium. Bail bond companies may require collateral to cover some or all of the rest of the cost of the bail.

Property bond – The court also will accept property to secure bail, as long as it is located in the state. The defendant must show that he or she owns the property, as well as its assessed value and the amount of equity in that property. The equity must at least equal the amount of the bail ordered in the case.

  1. How to Get Bail


Bail is available in the majority of cases once a defendant has been processed into the local correctional facility. The defendant can initiate the process with a phone call to a bail bond company or a family member or friend can do that on behalf of the defendant. The amount of bail will generally be available – all county courts have bail schedules – unless the defendant has been charged with a more serious felony. In that case, an arraignment will be held, usually with 24 or 48 hours, and the bail will be set.

  1. What Will Bail Cost


If a defendant has the cash to pay the entire amount of bail, and shows up for all court hearings, the cost of bail is only a minimal charge for state and court fees. If a bail bond company is hired for a surety bond, the cost is 10 percent of the bail. For example, if the bail is set at $25,000, the premium to the bail bond company is $2,500 – which is nonrefundable.

  1. How Long Will I Stay in Jail


That can vary depending on how busy the jail or correctional facility is and the time of the day of the arrest. An arrest at night or on the weekend likely means at least an overnight wait to post bail. However, if a defendant is arrested during weekday, working hours, the process to be booked and to post bail can be completed in 3 to 6 hours, according to bail officials. Sometimes, a defendant will want to argue about a high bail amount. That is possible during a bail reduction hour, but it will involve at least another day in jail.

  1. What if I Miss a Court Appearance


If the missed court appearance was just a mistake, the presence of an experienced criminal attorney can help in a hearing to try to convince the court to set aside a bail forfeiture order. If the court isn’t convinced, the bail will be forfeited. That means the bail bond company loses the entire amount of the bail and will seek to recover that amount from the defendant and any co-signers. In the meantime, the court will issue a bench warrant for the defendant’s arrest – a separate crime in addition to the original crime that brought the defendant to jail in the first place.

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 North Dakota: 5 Things to Know

Once the court has been notified that a defendant did not show up for a scheduled hearing, is there any way to stop a bail forfeiture? North Dakota law allows a bail bond company to find and return...more

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