How Bail Bonds and Warrants Work
When someone is arrested, a warrant is typically issued for their arrest. This means that law enforcement has legal authority to detain the person. Once arrested, the individual is taken to jail, where they are booked and processed. In many cases, a bail amount is set that allows the defendant to be released from custody while awaiting trial. This is where bail bonds come into play.
What is a Bail Bond?
A bail bond is a legal agreement between the court, the defendant, and a bail bondsman. The court sets a bail amount, and the defendant either pays the full amount or hires a bail bondsman to cover most of it. The bail bondsman posts the bail on behalf of the defendant, allowing them to be released from jail. In exchange, the defendant usually pays the bail bondsman a non-refundable fee, typically 10% of the total bail amount in Oklahoma.
If the defendant appears in court as scheduled, the bail bond is returned to the bondsman. If they fail to appear, the court keeps the bond, and the bail bondsman may pursue the defendant to recover the funds.
What is a Warrant?
A warrant is a legal document issued by a court that authorizes law enforcement to arrest or search an individual. Warrants are often issued when a person is suspected of committing a crime or fails to appear in court after being released on bail. There are several types of warrants, but the most common ones related to bail bonds are:
- Arrest Warrant: Issued when there is probable cause that a person has committed a crime.
- Bench Warrant: Issued when a defendant fails to appear in court as required.
How Bail Bonds and Warrants Work Together
When a person is arrested, a warrant is typically already in place or is issued at the time of the arrest. Once in custody, the court will set a bail amount, and the defendant has the option to either pay the full amount or work with a bail bondsman to secure their release. If the defendant does not show up for court, a bench warrant is issued, and the bail bond may be forfeited.
Here’s a step-by-step breakdown of how the process works:
- Warrant Issued: If there’s reason to believe that someone has committed a crime or failed to appear in court, a warrant is issued.
- Arrest: The individual is arrested under the authority of the warrant.
- Bail Set: After booking, the court sets a bail amount based on the severity of the charges, the defendant’s criminal history, and their likelihood of appearing in court.
- Bail Bond Secured: If the defendant can’t pay the full bail amount, they hire a licensed bail bondsman. The bondsman posts the bond, usually for a fee of 10% of the total bail amount.
- Release: The defendant is released from jail, agreeing to appear in court on their scheduled date.
- Court Appearance: If the defendant appears in court, the bail bond is returned to the bondsman. If not, a bench warrant is issued for their arrest, and the bail bond may be forfeited.
Why You Need a Bail Bondsman
- Financial Relief: Bail amounts can be steep, sometimes thousands of dollars. Hiring a bail bondsman allows you to pay a fraction of that amount, which can be a huge financial relief for many families.
- Faster Release: Working with a bail bondsman typically speeds up the process of getting out of jail. Bondsmen are experienced in navigating the system and can post bail quickly.
- Expertise in Navigating Warrants: If there’s a warrant out for your arrest, a bail bondsman can help you understand the process and assist with posting bail to get you out of jail fast.
- Legal Guidance: Although bail bondsmen aren’t attorneys, they work closely with the court system and can guide you on what to expect during the process.
What Happens if You Don’t Show Up in Court?
If a defendant fails to appear in court after being released on a bail bond, the consequences can be serious. A bench warrant is issued for their arrest, and the bail bond is typically forfeited. The bail bondsman may hire a bounty hunter or pursue the defendant themselves to bring them back to court.
In addition to forfeiting the bail bond, the defendant could face additional criminal charges for failing to appear. This can lead to higher bail amounts or even the denial of bail in future cases.
Can You Get a Bail Bond with a Warrant?
Yes, it’s possible to get a bail bond even if a warrant has been issued for your arrest. In fact, many bail bondsmen specialize in helping people with outstanding warrants. If you know there’s a warrant for your arrest, contacting a bail bondsman before turning yourself in can help expedite the process and get you out of jail more quickly.
A bail bondsman can work with you to prepare for the arrest, post bail, and help ensure that you spend as little time in jail as possible. They can also explain the legal process and what to expect during your case.
If you or someone you know has been arrested or has an outstanding warrant in the Oklahoma City area, don’t wait. Call Mr. Bail Bonds OKC today. We offer fast, reliable bail bond services in Oklahoma County, ensuring quick jail release so you can return home and prepare for your court appearance. Contact Mr. Bail Bonds OKC today or call (405) 230-7450 to guide you through the process with honesty and expertise.