Arrest and Posting Bond

If you are arrested and charged with a criminal offense, the criminal justice process has formally started. The immediate next step is determining whether you can be released on bond or another kind of pre-trial supervision. Immediately after arrest, you will appear before a Magistrate Judge at the jail. The Magistrate Judge will inform you of the charges you’re facing and make a decision about whether you can be released pending the outcome of the case.

In some cases, the Magistrate Judge may decide that you are eligible for a pre-trial release program. If you are eligible for a pre-trial release program, you will not have to pay money to be released, but will be released with the conditions that you regularly contact a pre-trial supervision officer (similar to a probation officer) while the case is pending.

However, in most cases, the Magistrate Judge will set a monetary bond that must be paid to be released from custody. There are two options for paying a bond. You may choose to pay the entire amount up front or you may use a bonding company. If you pay the full amount yourself and appear in court as required, that money will be returned to you at the end of the case. If you use a bonding company, you will pay the bonding company a percentage of the full bond – typically ten percent or less – and the bonding company will pay the full amount of the bond.

If the Magistrate Judge sets a bond amount that you are unable to pay, or decides that you will be held without bond, the attorneys at Stephens, DiRado & Caviness, LLP will help you navigate the process.