How we work

In short, bail is a part of our legal system that allows an accused person to be temporarily released from custody so they can continue their lives while they prepare for their day in court. In criminal cases, it is a sum of money or bail bond that needs to be posted by or on behalf of a defendant to guarantee their appearance in court. The right to reasonable bail is guaranteed to you by the Eighth Amendment of the Constitution of the United States.

The jail booking process normally takes place after a suspect is arrested and taken into custody. Several steps take place during the jail booking process, which varies from county to county:

• The suspect’s personal information is taken by a police officer
• Information about the alleged offense is recorded
• The suspect’s background is searched for warrants and/or previous crimes
• Fingerprints and photographs are taken
• A full-body search is conducted
• A general health check is conducted to determine whether the suspect needs medical care or is a threat to others
• Personal items (such as keys, wallet, clothing, etc.) are taken from the suspect
• The suspect is placed in a holding or jail cell

To determine bail amounts and get a defendant released from custody quickly, contact Aladdin Bail Bonds. We are open 24/7 for those who need to request bail help at any time. To view location/state-specific information, including costs, select the state where the defendant is located by using the dropdown option at the top of each page of our site. You can also call us at 866-512-2245, complete our contact form or call a specific Aladdin Bail Bonds office location for more information and immediate assistance.

The bail bond process at Brooke's Bail Bonding is a fast process that we help you through so you or your loved one can get out of jail quickly and easily. After a person is arrested, the first step in the bail bond process is contacting Brooke's Bail Bonding for a free consultation. We work with you, your loved one and the jail to secure release. Bail rates and fees differ depending on your location.

 You can also call us 24/7 at 615-248-BAIL, complete our contact form or call a specific Brooke's Bail Bonding office location for more information and immediate assistance.

The court system will set the amount of bail required for the defendant’s release. Under state law, a company can provide a “bail bond” that guarantees payment of the full bail amount to the court if the defendant does not show up for all scheduled appearances. These bail bonds are offered by licensed bail service providers. For providing the pre-trial release service, bail service providers charge a premium – a percentage of the total bail amount, typically 10%. For example, for a bail amount set at $20,000, the premium would be about  $2,000 plus any additional fees required. The bail service provider must charge the premium rate that it has filed with the Department of Insurance and the premium is not refundable once the defendant is released.

A bail bond is a financial guarantee made by or on behalf of a criminal defendant that is used to guarantee their appearance in court through the end of their trial. Failure by the defendant to appear will result in a bail bond forfeiture.

The bail bond amount is the full amount of the bail that is set by the court. The premium is the dollar amount charged by the bail service provider for providing the pre-trial release service. Usually this premium is 10% of the bail amount. For example, if the bail amount is $20,000, the premium charged would be $2,000.

A co-signer/guarantor is the person(s) willing to be responsible for the defendant while they are out on bail and who co-assumes financial responsibility, including guarantee of the full bail bond amount.

A bail bond is exonerated when the legal process/trial has finished. It does not matter whether the defendant is found guilty/innocent or if the case has been dismissed. At this point, the bail bond is discharged. However, any unpaid premium, fees or other amounts charged by the bail service provider are still owed.

A forfeiture occurs when a defendant fails to appear in court. If a defendant misses a court date, a bench warrant is issued for their arrest. It is possible in many cases that the bail bond may be “reinstated” by the defendant working with Brooke's Bail Bonding to report back to the court, which allows the court to set a new trial date for the defendant.

A summary judgment is issued by the court if, following a bail bond forfeiture, the deadline for reinstating the bond or returning the defendant to custody has passed. Upon issuance of a summary judgment, the full bail amount must be paid.

This is a process by which a defendant who has failed to appear in court can have their bench warrant removed and the bail bond re-activated or “reinstated” with the court. The defendant, working with Brooke's Bail Bonding, will report back to the court which allows the court to set a new court date for the defendant. This proceeding may result in additional fees to the defendant/co-signer.

The amount of the bail is first and foremost within the scope and discretion of the judge or magistrate, with only two general limitations:

1. The purpose of bail is not to penalize or punish the defendant, but only to secure the appearance of the accused, and it should be set with that in mind.
2. Excessive bail, not warranted by the circumstances or the evidence at hand, is not only improper but a violation of constitutional rights. In fixing the amount of the bail, the court takes into consideration the seriousness of the charge, the defendant’s previous criminal record and the probability of the defendant appearing at the trial or hearing.

Additionally, if public safety is an issue, the court may make an inquiry where it may consider allegations of injury to the victim, danger to the public and/or to the defendant, threats to the victim or a witness, the use of a deadly weapon and the defendant’s use or possession of controlled substances. A judge or magistrate setting bail in other than a scheduled or usual amount must state on the record the reasons and address the issue of threats made against a victim or a witness. The court must also consider evidence offered by the detained person regarding ties to the community and ability to post bond. The bail amount set by the court must be within the minimum range amount of bail that would reasonably assure the defendant’s appearance – NOT the maximum! It is important to remember that it is the court magistrate that determines bail amounts.

All cases are different. To answer this question in your case please contact a licensed member of our staff in the Brooke's Bail Bonding office, or by calling us at (615) 248-BAIL and we can help direct you.