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How to Post Bail in Washington: 5 Things to Know

What happens to a defendant or co-signer who has been defrauded by a bail bond agent in Washington state? First, Washington state law regulates all activities of bail bond companies, including fraud or unethical businesses practices. As a part of the licensing process for any bail bond company, a $10,000 bond must be posted with state officials. This bond is used to pay to anyone who sues as a result of a bail bond company's actions. If a bail bond company does not maintain the required $10,000 bond at any point, the state can suspend the license and refuse to reinstate any license until the bond requirement is met.  If you are arrested in Washington state, here are 5 things to know about posting bail.

 

  1. 4 Ways to Get Out of Jail


 

Own recognizance – An OR release, which does not require the defendant to post any security in order to be released from jail, often is part of a pre-trial program. There are a number of different programs operated in counties throughout the state, and officials with each particular program generally interview defendants to make sure they meet any requirements for that specific program. In general, only defendants with no prior criminal arrests who pose no danger of flight and have been arrested for a non-violent crime are granted on OR release.

 

Cash bond – This option is generally only used with misdemeanor crimes in which the amount of bail is fairly low. That’s because a defendant or co-signer must post the entire amount of bail to be released. That money, minus fines and court fees, is returned as long as the defendant shows up for scheduled court hearings.

 

Property bond – This bail option is infrequently used because the court receives  title to the property and can go forward with foreclosure proceedings if a defendant fails to show up for all scheduled court hearings. For some higher bail amounts, a property bond is used and there are a number of requirements to establish ownership, the value of the property and the equity held by the owner. A property bond will often result in a longer wait in jail than other bail options.

 

Surety bond – A defendant unable to afford a cash bond can hire a bail bond company to guarantee most of the bail to the court. The cost is usually 10 percent, though there is no set minimum or maximum bail premium in Washington. A defendant can also get help from a co-signer, and both will be legally liable if the defendant does make all court appearances. In many cases, the defendant or co-signer or both will be required to put up collateral that can be seized if the defendant jumps bail.

 

 

  1. How to Get Bail


After being booked into a local law enforcement facility or county jail, a defendant will often be informed of the amount of bail from a preset bail schedule that covers most misdemeanors. For a more serious crime, the defendant must wait for an arraignment for bail to be established. Once the amount of bail is known, the defendant can post a cash bond or make a phone call to begin the process of a surety bond. That could involve a co-signer contacting a bail bond company or the defendant. A co-signer also can post all or some of a cash bond.

 

  1. What Will Bail Cost


For bail paid in cash, the only cost is cost fees and fines, assuming the defendant shows up for all scheduled court appearances. If a bail bond company is hired, the minimum cost for any bond is $50, under Washington state law. In general, bail bond companies charge 10 percent of the bail amount. This fee is nonrefundable. It is possible to find bail bond companies that charge different bail premiums because the law does not set a maximum or minimum.

 

  1. How Long Will I Stay in Jail


There are a number of different factors that go into that determination. For example, booking and processing at a larger, busier county jail takes hours longer than at smaller police stations. Posting a cash bond, even with the help of a co-signer, is faster than hiring a bail bond agent. Bail bond officials say getting the information and completing the paperwork for a surety bond often takes no more than a couple of hours. At that point, it’s a matter of the processing time at the facility where the defendant is being detained. For more serious crimes, bond hearings must be held, and in some cases, defendants may want to argue for a lower bond or one with different conditions, which also adds to the time in jail.

  1. What if I Miss a Court Appearance


A defendant who immediately contacts court – and the assistance of an experienced criminal defense attorney is invaluable – and explains the circumstances behind the missed appearance may not be penalized. However, bail jumping is a crime and the penalty depends on the original offense that brought the defendant to jail. If it was a misdemeanor, bail jumping is an additional misdemeanor crime. If the original offense was a felony, bail jumping is a second felony offense. If the court orders a bail forfeiture, the bail bond company will be required to pay the entire amount of bail to the court, and will seek that amount from the defendant and any co-signer.

 

The information contained above 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 Washington: 5 Things to Know

What happens to a defendant or co-signer who has been defrauded by a bail bond agent in Washington state? First, Washington state law regulates all activities of bail bond companies, including frau...more

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