Can you get bailed out of jail the same day?

close-up of a man's cuffed hands behind his back

Taking Care of Emergencies

When you get that one phone call from somebody that’s been arrested, you want to know if they’re alright and what happened. Then the panic hits and you realize this is an emergency, and the bail bondsman is the first phone call you need to make – for an emergency bail bond. But can you bail out at any time of the day or night?

The answer is yes; there are emergency bail bonds agencies that are open 24 hours a day and 7 days a week, all year long. So, really, can you bail someone out at night? Who stays up all night for these types of phone calls? Rest assured that there are people who stay up all night for these situations – people who own, operate, manage emergency bail bonds businesses just for these types of emergencies. 

So you can bail somebody out of jail at night. Because, just like medical emergencies and car accidents happen 24/7/365, so do accidents and crimes. Not everything only happens during regular business hours on regular business days. that need an emergency bail bonds service. In some cities, there are judges that hold court during the nighttime hours too. 

How long does it take to bail someone out?

Most, if not all, bail bond companies have an agent available 24/7/365. Once they have been contacted by a person wanting to post bail, they will contact the jail where the defendant is located. They will find out if they have been booked and processed yet, and once they have, they start the bond process. 

In most cities, this can happen as quickly as 4 hours, sometimes less, and it can take as long as 8 to 10 hours. How quickly it happens isn’t up to the emergency bail bonds agency, but the court and jail system’s caseload. 

A holiday or weekend will take the longest time because that seems to be when more people are getting in trouble. After emergency bail bonds are posted, the only thing you can do is wait for your loved one to call and tell you they’ve been released. 

What happens after bail is granted?

If a judge grants and sets bail, once the defendant is released pending trial, they are required to meet certain conditions under Florida law. The following are the typical conditions, but a judge may include others depending on the cause of the arrest and the defendant’s criminal history.

  • Do not engage in any criminal activity
  • Do not contact any alleged victim
  • Do not leave town
  • Appear before the courts as ordered
  • Comply with these and any terms of the release

If the defendant fails to comply with the court orders, the bond can be revoked by the judge and the defendant arrested and returned to jail. It is recommended to hire an attorney in the meantime and begin building a case to be presented to the court. 

What are the different types of bail?

There are 4 common types of bail. Bail payments are required to be paid in cash, credit card, debit card, money order, or cashier’s check. Or emergency bail bonds can be obtained through a bail bond agent. The different types of bail are: 

  • Cash Bonds: A person can always bond out by paying cash to the court clerk who holds the funds until the court date has been fulfilled and the judge’s ruling is handed down. 
  • Surety Bonds: A surety bond is more commonly referred to as a bail bond that is obtained through a licensed bail bond agent. This typically will cost the defendant 10% of the bail amount paid to the agent. Depending on the reason for the arrest, the defendant’s criminal background, credit check, employment status and other factors, the bond agent may require 20%.
  • Supervised on Own Recognizance (SOR): SOR allows the defendant to be released from jail with a signed agreement they will appear before the courts as scheduled, refrain from any illegal activity and report to the court on a weekly basis until their court date. 
  • Release on Own Recognizance (ROR): For a first-time offense, a judge may grant a ROR for a nonviolent crime. No bail is required, the defendant is released on their own recognizance. 

What are normal conditions for bail?

The four normal conditions of emergency bail bonds release are: 

1. Refrain from Alcohol Use: This is typical for any arrest that resulted from an alcohol or drug incident, especially if a DUI or DWI was issued. It is standard that the defendant is ordered to be tested on a weekly basis until their court appearance. 

2. Refrain From Associating with Certain People or at Certain Places: A common condition required is not to return to the scene of the crime or associate with those involved in the crime. 

3. Travel Restrictions: Emergency bail bonds will always have some type of travel restrictions to minimize the risk of evading court dates. 

4. Court-Mandated Classes or Counseling: Depending on the reason for arrest and alleged crime, emergency bail bond conditions will require the defendant to attend certain classes or counseling sessions. This can be for alcohol or drug abuse, anger management, defensive driving, etc. 

When can bail be denied?

There are a few factors that could influence the judge to deny bail, including emergency bail bonds. Those factors include: 

  • The type of crime committed
  • The defendant’s criminal background
  • The defendant’s employment status
  • The defendant’s standing in the community
  • The defendant’s attitude toward the court during the bail hearing

What can stop you from getting a bond?

A bail bond agent can deny a bond for the same reasons a judge could deny setting bail with the addition of a credit check, or the defendant can’t pay the 10% of the bail amount for the down payment of the bond.

close-up of a gavel and a roll of cash

In Closing – What happens if you can’t post bail?

You sit in jail until your court date! Unless you hire an attorney that can plead your case with the judge to be released in their custody. Whether that is granted by the judge will depend on the same factors we listed above, and the defendant’s attitude and behavior before the judge is a large factor in their decision-making.