If you were ever hit with a surprise phone call that a loved one had been arrested, that they were sitting in jail, and they needed your help to secure their release, you’d be scrambling into action. You would want to know where they are, what charges they’re facing, what the amount of bail is, and so much more.
Ultimately, your goal would be to post bail as quickly as possible so your loved one can be comfortably back home, back where they belong, so they can regroup and prepare for their next legal steps with greater peace of mind. That is a normal instinct to have in these situations, usually a helpful response that can result in your loved one getting out of jail as quickly as possible.
Now would there ever be a scenario where it could be better to wait before posting bail? Remarkably, yes.
Why Would You Want to Wait to Post Bail?
Wobbler Cases (Cases That Could Be a Misdemeanor or a Felony)
There are at least a couple different types of cases where it may be advisable not to post bail right away. One such case would be when there’s a good chance that bail would be decreased or waived altogether.
For example, certain battery charges could result in the defendant getting released on their own recognizance (OR), with non-financial conditions of release. There is no need to rush to pay bail if there’s a good chance a magistrate will release someone from jail with simply the order to return for scheduled court hearings, and perhaps with terms such as staying in town, not taking controlled substances, etc.
Even if bail still needed to be posted, it is still possible that by waiting, the amount of bail could be reduced once an official reviewed the charge and arrest details. By waiting for that to unfold, you could save thousands of dollars.
At Dan's Bail Bonds, we have helped people secure releases from jail for decades, and we have a good sense of which jurisdictions, and which charges will likely result in an OR release or reduced bail.
Serious Felonies
On the other hand, if the charges an arrestee faces are quite serious, you need a bail bond agent who will be honest with you about whether you should hold off on posting bail and hold onto your money instead. As an example, there are serious felony charges, like shooting from a motor vehicle or DUI with great bodily injury, that can lead to six figures or more of bail. Depending on the details of the case, such as whether your loved one has prior criminal convictions, it may be clear that a lot of money would have to be put up just to pay a bail bond fee. In such cases, it may be advisable to use that money for hiring a good defense attorney and meeting other legal expenses. This would be a scenario where waiting to post bail and talking with a trusted bail bond agent first could be invaluable.
When you talk with an experienced, caring bail bondsman like Dan Nesser, you can know you’re talking to someone who has the experience to assess whether posting bail would be a needless expense. We truly care about you and your loved one’s well-being in the long term; we won’t take a bail bond fee if we think it would put you and your loved one in a worse spot financially and legally.
When Not to Wait to Post Bail, When to Act Fast
In other cases, waiting to post bail could mean seeing the amount for bail go up. For example, if someone was arrested after an accident on a DUI charge, it could be that a couple days later, someone in that accident succumbed to their injuries. This would turn the charge to one of vehicular manslaughter. If bail had been posted before the charge escalated in severity, it could have required paying a much lower amount, whereas waiting would mean the amount of bail, and even the bail bond fee, could be tougher to come up with.
However, if the reason you’re considering a delay in posting bail is because you need time to come up with the money, then it is not a good idea to wait either. Cash bail is just one way to secure your loved one’s release from jail.
If you don’t have the money to post bail right now, you could still:
- Use collateral, like a house, as a property bond to secure release from jail
- Go through a bail bond agent, which means you would pay about 10% of the bail amount, and the bond agent would be on the hook for the rest.
How to Figure Out When (and How) to Post Bail
If you’re not sure if you have the money for bail, or you’re not sure if this is one of the select circumstances where waiting to pay bail could help your loved one, it is in your best interest to speak with a bail bond agent as soon as possible.
Dan Nesser answers the phone 24/7. You can directly reach him day or night to talk about the details of your situation, and he can talk you through your options. If the amount of the bail bond fee is also a concern, he will also work with you to arrange a flexible payment plan. When you need quick answers and prompt bail bond solutions, you can find the help you deserve with Dan's Bail Bonds.
You can call (888) 773-8037 now to get specific answers about navigating the bail process.