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

How to Post Bail in Wisconsin: 5 Things to Know

Wisconsin does not permit a for-profit bail bond industry. But that doesn't mean that Wisconsin lawmakers don't take bail jumping seriously. A defendant who violates the bail agreement by not showing up for a scheduled court hearing commits the crime of bail jumping. If the originating offense that brought the defendant to jail was a misdemeanor, bail jumping is considered a Class A misdemeanor, which is punishable by up to 9 months in jail, a fine of up to $10,000 or both. If, however, the originating offense was a felony, bail jumping becomes a Class H felony, punishable by up to 6 years in prison, a fine of up to $10,000 or both.  If you are arrested in Wisconsin, here are 5 things you need to know about getting a pretrial release.

  1. 4 Ways to Get Out of Jail


Release on recognizance – An ROR release only requires a defendant to agree to return to court for any scheduled hearings. There is no bail set and no security is required from the defendant. This option is generally only offered to defendants with no prior convictions and a misdemeanor charge that did not involved violence against another person.

Signature bond – Similar to an ROR release except that bail is set and the amount is included in the bail agreement signed by the defendant. However, that bail amount does not have to be paid unless the defendant fails to show up for all court hearings. Often, a criminal defense attorney familiar with local courts and prosecutors is able argue on behalf of a client for an ROR release or a signature bond.

Cash bond – This option is not as popular in Wisconsin as it is in states where there is a private bail bond industry. A defendant, with or without the help of an individual surety, must pay the entire amount of the bail in cash to the court. Some of the money will be retained by the court to pay for restitution, fines, court costs and fees. The cash bond option is the quickest way to post bail because there is no need to call and wait for anyone to help with bail.

10 Percent surety bond – The surety is not a bail bond agent, but instead is an adult 21 and older willing to help the defendant – most often a relative or close friend. For a $100,000 bond, for example, the defendant or individual surety pays $10,000 in cash to the court. Much of the money is returned, similar to a cash bond, making a surety bond without the help of a bail bond company a more affordable way for a defendant to get out of jail.  Any individual surety can expect to prove he or she is financially solvent.

  1. How to Get Bail


Proponents of the state handling bail without a private bail bond industry say one of the benefits is that the bail process is simpler, faster and fairer. A defendant need only wait until the booking process has been completed to either post a cash bond or seek the help of one or more individual sureties.

  1. What Will Bail Cost


The cost of a pre-trial release from jail is lower in a state such as Wisconsin with no private bail bond industry. The 10 to 20 percent that bail bond agents charge around the country is not an issue for defendants in Wisconsin. Instead, the cost need not be more than 10 percent of the bail – with much of that returned if the defendant shows up for all court hearings. A cash bond can be more expensive initially, but again, much of the money given to the court is returned when the defendant follows all release stipulations.

 

  1. How Long Will I Stay in Jail


Defendants not arrested for a serious felony or a crime of violence against another person will have to wait only a matter of hours to be released from jail in Wisconsin. The main delay would be the time for an individual surety to arrive and help with a cash bond or 10 percent bond. Defendants arrested for more serious felonies are subject to a bond hearing that may not always be held the day of arrest. Also, if a defendant believes the bail set was too high, it’s possible to argue for a reduction in a separate hearing, but that will often require another day in jail.

 

  1. What if I Miss a Court Appearance


A defendant with a skilled defense attorney is in a better position to explain a missed court appearance and have a bond forfeiture set aside if a judge decides the forfeiture “is not in the interest of justice.” A defendant who intentionally misses a court appearance has 30 days to return and explain the absence. At that point, the state can file for and receive a judgment for the entire amount of the bail – along with the costs of that court proceeding – against the defendant and any individual surety. At the same time, the court will issue a bench warrant for the arrest of the defendant for bail jumping.

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.

Helpful Articles

How to Post Bail in Wisconsin: 5 Things to Know

Wisconsin does not permit a for-profit bail bond industry. But that doesn't mean that Wisconsin lawmakers don't take bail jumping seriously. A defendant who violates the bail agreement by not showi...more

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