Stuck in Jail

  • Attorneys
  • Bail Bonds
Home > Posting Bail in Washington, D.C.: 4 Things to Know

Posting Bail in Washington, D.C.: 4 Things to Know

The bail system in Washington, D.C. is unlike virtually any other jurisdiction in the United States. A bail law that moved away from monetary bail system went into effect in 1992. The overwhelming majority of defendants are released – often with a number of conditions – but without having to post any money. Fewer than 15 percent of defendants are required to post money to be released from jail, but in a majority of those instances, courts order cash bail. If you are arrested in Washington, D.C, here are 4 things you should know:

Bail process in Washington, D.C.

Defendants arrested Washington, D.C., are generally taken to the Correctional Treatment Facility – more commonly known as the DC Jail. Unless the arrest is a serious felony, or a defendant is considered dangerous, 85 percent of all defendants are released without having to pay any money. After the booking process has been completed, all defendants are interviewed by the Pre-Trial Services Agency. Jail release decisions by statute cannot take more than 24 hours and rely on a computer analysis that takes into account up to 70 different factors. Statistics from the past 5 years show that 88 percent of released defendants are not re-arrested. Of those that are, only 1 percent are accused of a crime of violence. In about 12 percent of cases, monetary bond – usually cash bail – is ordered. This can be paid by the defendant or a co-signer.

Types of jail release in Washington, D.C.

  •      Signature bond. The D.C. bail system is designed for the majority of defendants to be released without being required to pay any money. A defendant signs an agreement promising to return for all scheduled court hearings. Conditions may be attached to the release – such as weekly appointments or phone calls with a Pre-Trial Services worker, drug testing and stay-away orders.

  •   Cash bond. When a secured pre-trial release is ordered, cash bond is most commonly used by D.C. court officials. The defendant, or co-signer, is required to pay the entire amount of the cash bond and the bulk of that amount is returned at the end of the case, as long as the defendant as fulfilled all jail release conditions.

  •   Citation release. For the least serious misdemeanors, defendants are allowed to pay a ticket that sets a date to return to court. Under this option, a defendant is not brought to jail for intake and booking. Instead, the defendant receives a ticket from an officer and is immediately released.

  •    Surety bond. This option is rarely used in Washington, D.C., and is generally reserved for more serious crimes. Defendants should expect to pay 10 percent of the amount of bail as the nonrefundable premium to a bail bond agent. In the most serious crimes in D.C., defendants are held without bond.


 

How bail is set

Unlike many jurisdictions, there is no bail schedule in Washington, D.C. because financial bail is only used in a minority of all cases. In those case, the judge makes a decision after receiving a report from the Pre-Trial Services Agency recommending that signature release is not the best or safest option. For nearly 9 out of 10 defendants in Washington, D.C., there is no cost to be released from trial after arrest.

Bond costs and options

Since surety bonds are used in so few cases in Washington, D.C., that not only saves money for the D.C. court system but for defendants, as well. Defendants released on a signature bond can utilize the money they have for any required drug testing or educational classes, to get a vehicle released from custody or to hire a criminal defense lawyer.

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

Posting Bail in Washington, D.C.: 4 Things to Know

The bail system in Washington, D.C. is unlike virtually any other jurisdiction in the United States. A bail law that moved away from monetary bail system went into effect in 1992. The overwhelming...more

Stuck in Jail?

Search Jails for nearby Bail Bondsmen NOW!

  • Copyright ©2021 Thryv, Inc. All rights reserved. · Terms of Use · Privacy Policy · Sitemap