If you've just gotten the call that someone you love has been arrested, take a breath. This guide walks you through exactly what happens next — how bail is set, what a bail bond costs, and how to get them released as quickly as possible.
1. Find out where they're being held
Before anything else, confirm which jail or facility is holding your loved one. Use an inmate search to locate them by name and state. You'll need the facility name and their booking number for the steps that follow. If a search doesn't turn up a match yet, see our guide on how to find someone who was just arrested — bookings can take a few hours to appear.
2. Wait for (or find out) the bail amount
Bail is the amount the court requires to release a defendant while their case is pending. It's usually set at the arraignment, which typically happens within 24 to 48 hours of booking. For some minor charges there's a preset bail schedule, so you may be able to post bail sooner. The jail or court clerk can tell you the amount.
3. Decide how to pay: cash bail vs. a bail bond
You generally have two options:
- Cash bail — you pay the full amount to the court. If the defendant attends every court date, it's refunded at the end of the case (minus any fees).
- Bail bond — if you can't afford the full amount, a licensed bail agent posts it for you. You pay them a non-refundable premium of about 10% of the bail.
On a $10,000 bail, that's roughly $1,000 to the agent instead of $10,000 to the court.
4. Contact a licensed bail agent
A good bail agent will walk you through everything by phone. They'll ask for the defendant's name, the facility, the booking number, and the bail amount. Our bail bonds service connects you with a licensed agent in the correct county so you're not cold-calling strangers at 2 a.m.
5. Sign the paperwork and pay the premium
You (often as the "indemnitor" or co-signer) sign an agreement promising the defendant will appear in court. For larger bonds, the agent may also require collateral — property or assets that secure the bond. Be sure you trust the defendant to show up, because that responsibility falls on you.
6. The agent posts bail and your loved one is released
After the bond is posted, release usually takes a few hours, though a busy jail can take longer. Once out, the defendant must attend every scheduled court date and follow any conditions the court sets.
The different types of bail
"Bail" is an umbrella term. Depending on the charge, the jurisdiction, and the judge, release can take several forms:
- Cash bail. You pay the full amount directly to the court. It's refundable (minus fees) once the case concludes, provided the defendant made every appearance.
- Surety bond (a bail bond). A licensed bail agent guarantees the full amount to the court in exchange for your non-refundable premium of around 10%. This is what most families use when they can't cover the full bail.
- Release on own recognizance (OR or PR). For lower-level charges, a judge may release the defendant on a written promise to appear — no money required.
- Property bond. In some jurisdictions you can pledge real estate worth the bail amount instead of cash. These are slower and require equity in the property.
What is collateral, and when is it required?
For larger bonds, a bail agent may ask for collateral in addition to the premium — something of value that secures the bond, such as a car title, jewelry, or a lien on a home. If the defendant attends every court date, the collateral is returned when the case closes. If they skip, the agent can seize it to cover the forfeited bail. Always get the terms in writing and make sure you understand exactly what you're pledging.
Will I get my money back?
This is one of the most common questions, and the answer depends on how you paid. Cash bail paid to the court is refundable at the end of the case if all conditions were met. The premium you pay a bail agent for a surety bond is their fee — it is not refundable, even if the case is dismissed the next day. Any collateral you pledged is returned once the bond is "exonerated" (released) at the close of the case.
Questions to ask before you choose a bail agent
- Are you licensed in this state, and how long have you been in business?
- What is the exact premium, and is it the standard rate for my state?
- Do you require collateral for this bond? If so, what and how is it returned?
- Are there any additional fees I should know about up front?
- What are my responsibilities as the co-signer, in writing?
A reputable agent will answer all of these plainly and never pressure you. Through our bail bonds service you're matched with licensed agents, so you can skip the cold calls and get straight to honest answers.
Common mistakes to avoid
- Acting before arraignment. Confirm the bail amount is actually set before paying anyone.
- Co-signing for someone unreliable. If they miss court, the financial fallout is yours.
- Not reading the contract. Understand the premium, collateral, and your obligations before you sign.
- Paying suspiciously low "fees." Premiums are regulated; a deal that seems too good can hide extra charges.
What happens if they miss court?
If the defendant fails to appear, the court can forfeit the full bail amount. The bail agent becomes responsible for that amount and may use a recovery agent to locate the defendant — and any collateral you pledged can be seized. This is why co-signing is a serious commitment.
Key takeaways
- Bail is set at arraignment, usually within 24–48 hours.
- A bail bond costs about 10% of the total bail and is non-refundable.
- The co-signer is responsible if the defendant misses court.
- Release typically takes a few hours after bail is posted.
Not sure whether cash bail or a bond makes more sense for your situation? See our bail bond vs. cash bail comparison and our breakdown of exactly what a bail bond costs, including premiums and collateral by state.
While you wait: other ways to stay connected
Bail proceedings can take a day or more — and if release isn't possible, your loved one may be inside for months or years. Either way, staying in regular contact matters. Our send letters service lets you write from your phone with printing, formatting, and postage handled for you. You can also send a care package of facility-approved snacks, hygiene items, and essentials to show you're still there. And our discounted phone calls service cuts the cost of inmate calls to a flat $10 a month for 500 minutes, thanks to our direct relationships with facility phone providers. To understand the companies behind facility calls, video visits, money transfers, and messaging, see our inmate service provider directory.
When you're ready, our bail bonds service can connect you with a licensed agent right away.
Are you a licensed bail bond agent? We send verified family leads directly to agents in our network — pay only 2% of the bond amount when you close. Register your agency here.