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

How to Post Bail in Vermont: 5 Things to Know

Under Title 13 of Vermont’s criminal statutes, all defendants must be released prior to trial unless they are facing the potential of life in jail or the offense involved is one of violence. Even in those cases, a hearing must determine that “the evidence of guilt is great.” If a judicial officer does not conclude there is a strong likelihood that the defendant will be found guilty, bail must be ordered.  If you are seeking bail in Vermont, here are 5 things you need to know.

 

  1. 5 Ways to Get Out of Jail


Personal recognizance – The preference under Vermont law is that a defendant be released on personal recognizance or an unsecured appearance bond. A PR release is generally offered only to first-time defendants when a crime of violence was not involved and there is no indication the defendant will not show up for all court hearings. The defendant is not required to pay bail and must agree to return to court when requested.

Unsecured appearance bond – The defendant in this situation also is released from jail without paying bond. However, the difference between an unsecured appearance bond and a PR release is that a judicial officer will determine a bail amount for the offense involved. The defendant will sign an agreement saying he or she will return for all scheduled court hearings or have to pay the bail the amount of bail that was set. This option also is usually reserved for less serious crimes and defendants with a connection to the community.

Cash bond – Defendants with enough cash on hand, or with a willing co-signer, can post the entire amount of bail in cash. The money is deposited with court officials. The benefit is that there is no premium charged by the court – as opposed to the business practice of a bail bond company. However, paying a cash bond could affect the ability of some defendant’s to pay for other charges, including a criminal defense lawyer.

Secured appearance bond – Vermont law gives judicial officers the discretion to require a defendant to pay a portion of bail in order to increase the likelihood of showing up for all court appearances. For example, if bail is set at $25,000, the secured amount is usually 10 percent. That means a defendant, with or without the help of a co-signer, can post $2,500 with the court as part of a secured appearance bond.

Surety bond – The defendant enters into a contract with a bail bond company. For a 10 percent nonrefundable premium, the bail bond company guarantees the entire amount of the bail to the court. The defendant may be required to get a co-signer, to put up collateral, or both, depending on the amount of bail.

  1. How to Get Bail


Bail in Vermont can be posted at the county courthouse or the correctional facility where the defendant is being held. The process of pursuing any type of release, whether secured or unsecured, cannot begin until a defendant has been booked into the correctional facility. That is a process that varies from county to county, from an hour or so to a couple of hours in larger counties.

  1. What Will Bail Cost


Vermont sets the premium that bail bond companies can charge through its Department of Financial Regulation at 10 percent. For a bail set at $50,000, for example, a defendant or co-signer would have to pay $5,000 to the bail bond agent. That amount is nonrefundable. In addition, there are mostly minor charges for court costs and various bail-related fees.

  1. How Long Will I Stay in Jail


That depends on the offense involved. Most misdemeanors have preset bail amounts included on a schedule available in all counties in the state. However, for a felony, there usually must be an arraignment to establish bond. While that often takes place the same day as the arrest, arraignments are not held 24 hours a day. Posting a cash bond or getting released on an unsecured bond or a PR bond usually requires the shortest waits. When a bail bond agent is involved, another 1 to 3 hours can be added to the wait in jail to be released, according to Vermont bail bond officials.

  1. What if I Miss a Court Appearance


Failure to appear in court for a scheduled appearance can lead to a bail forfeiture. If that happens, the court will issue an arrest warrant for the separate crime of failure to appear, and any punishment for that crime would be in addition to a sentence for the offense that brought the defendant into jail in the first place. If the defendant doesn’t appear and explain the reason for missing the court hearing, the court will collect the entire amount of the bail from a bail bond agent and the defendant or a co-signer will be legally liable for the entire amount to the bail bond company. Additionally, the defendant and co-signer would be liable to pay the entire bail amount under any secured appearance bond agreement.

This article is for informational purposes only. For legal advice, see 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 Vermont: 5 Things to Know

Under Title 13 of Vermont’s criminal statutes, all defendants must be released prior to trial unless they are facing the potential of life in jail or the offense involved is one of violence. Even i...more

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