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Bail Bonds & Procedures: Understanding Your Options

At The Law Office of Monte J. Robbins, Esq., we understand that navigating the complexities of the legal system can be daunting, especially when it comes to the bail process. To assist you, we've compiled a list of Frequently Asked Questions about what it entails to post bail, payment methods, and what steps to take if bail seems unaffordable.

What Does It Mean To "Post Bail?"

Posting bail involves depositing cash, property, or a bond to the court as a guarantee that the accused will appear for their scheduled court dates. If the individual complies, the court refunds the bail. Failure to appear results in the court retaining the bail and releasing an arrest warrant. Forms of bail include:

  • The entire amount in cash or check
  • Property valued at the total amount required
  • A bail bond, which guarantees the full amount
  • A "release on one's own recognizance" (O.R.), where payment is waived upon the individual's promise to appear

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Who Decides the Bail Amount?

Bail amounts are typically set by judges. However, jails often have predetermined bail schedules for common offenses to expedite release. Paying the set amount on these schedules can lead to quicker release.

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Are There Limits to Bail Amounts?

Yes, the Eighth Amendment of the U.S. Constitution stipulates that bail cannot be excessive. Its core intent is not to generate revenue or to punish, but to ensure the accused remains free during trial without risk of absconding. In some cases, high bail might be set to secure a suspect's presence for the trial. Although the constitutionality of such 'preventative detention' is debated, it remains practiced in some courts.

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What Options Do I Have if I'm Unable To Afford Bail?

If the bail schedule's amount is out of reach, you may request a judge to lower it. This petition can be made during a special bail-setting hearing or at the arraignment.

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How Quickly Can I Expect To See a Judge?

The federal mandate requires that detained individuals be presented to a magistrate "without unnecessary delay," which generally means within 48 hours, excluding weekends and holidays. State timelines can vary but generally adhere to a similar framework.

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How Can I Pay for Bail?

Bail can be paid through direct full payment or by purchasing a bail bond, representing your promise to appear in court. Bail bonds typically require a 10% premium of the bail amount, paid to a bond seller. While you get the full bail amount back after appearing in court, the bond premium is non-refundable, and collateral might be required. Bear in mind that cash, money orders, or cashier's checks are usually preferred for transactions.

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Can a Reliable Defendant Be Released Without Paying?

Under certain conditions, such as a history of community ties and prior responsible court attendance, a defendant might be released "on his own recognizance" (O.R.), which means signing a pledge to appear in court, bypassing the need for bail payment.

For additional assistance or to discuss your specific situation, contact The Law Office of Monte J. Robbins, Esq. at 303-355-5148 to schedule a consultation. We're committed to guiding you through the bail process and advocating for your rights every step of the way.

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Client Reviews
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy