Jeff Downer Just because someone has been arrested does not mean a bail bondsman will be required to post bail. Defendants may be released to await trial by a variety of means. The terms and conditions of pretrial release is set by the court.
The form of pretrial release the court may choose from is as follows:
- Own Recognizance (OR) – An OR release doe not require the posting of any type of bond. The defendant is released on only on their promise to appear.
- Cash Bond – The court sets an amount and requires the entire amount of the bond to be deposited directly with the court.
- Ten Percent Deposit Bond – The court sets a bond amount and ten percent of that amount is deposited directly with with the court.
- Surety Bond – Also known as commercial bail, the court sets a bond amount which may be posted by a bail bondsman. The bondsman charges a fee of ten percent of the total bond amount to post the bond.
When seeking to post a a bond, a bail bondsman is only necessary when the court has specified surety or commercial bail.