Bail bonds are a set amount of money often posted by a bail bondsman on behalf of the defendant. Bail bond agents often charge the defendant 10% or the total set amount of bail imposed by the judge.
It’s a common practice that a defendant or accused will use commercial bail bonds for release. However, there are a few states in the U.S. that do not allow it. There are a total of 8 states that prohibit the use of private bail bonds to get out of jail.
These following states do not consider bail bonds and, instead, have other alternatives for a defendant to get out of jail.
Nebraska
Nebraska is one of the states that eliminated commercial bail bonds. This state only allows alternative bonds such as appearance bonds, cash bonds, surety bonds, and hybrid bonds. The defendant can also apply for a recognizance release, but this is only applicable if the judge considers a release on recognizance.
A bail amount will still be set to release recognizance, but the defendant will not pay any money for their release. Instead, they will sign a document pledging to show up to court when summoned.
Kentucky
Kentucky has prohibited private bail bonds since 1976. Lawmakers decided to eliminate bail bonds as it only favored the rich. The same with Nebraska, Kentucky also allowed the defendants to apply for a release on recognizance and have four alternative bonds: cash bond, partially secured bond, unsecured bond, and property bond.
Illinois
One of the few no-bail states, Illinois had eliminated the use of bail bonds in 1963. Since then, there are three ways a defendant can get out of jail: I-bond, which is equivalent to a release on recognizance, D-bond, which is equivalent to a surety bond, and the C-bond, an equivalent to a cash bond.
However, Democratic Gov. JB Pritzker wanted to eliminate cash bail, which was strongly opposed by the executive director of Illinois Sheriff’s Association, Jim Kaitschuk, and other law enforcement leaders.
Washington D.C
In Washington, D.C, there is no bail schedule. Only a minority of all the cases in D.C uses financial bail. 9 out of 10 people arrested in Washington D.C. have no cost to be released from the trial.
The Bail System in Washington, D.C., was outlined for defendants to be released without requiring them to pay any amount of money, that of which is called the signature bond. Commonly utilized by court officials, the defendants or their co-signer is obliged to pay the whole bail amount.
Another option for the defendant in Washington D.C. is the cash bond, which is rarely used because this option is reserved only for more serious offenses. Also, this bond option is commonly utilized by court officials. The defendant can pay a ticket with a set date that tells the defendant when to get back to court.
Oregon
The Oregon constitution does not allow the defendants to bail. The state does not give the defendant the right to bail to ensure that the defendant will appear on future court trials. However, suppose someone gets arrested in Oregon and brought to court. The judge will decide to either release the defendant on their recognizance or based on a set amount, which is called security.
Wisconsin
Another state that bans bail bonds is Wisconsin, where they abolished the use of bail bonds way back in 1979. Although Wisconsin has attempted to bring back the use of bail bonds, it was repeatedly being rejected.
The first attempt crept its way back to the 2011-12 budget but was instantly opposed by William Foust, the Dane County Chief Judge at that time, along with nine other chief judges in Wisconsin. Another attempt was made but was rejected again by Scott Walker.
Maine
The state of Maine also does not allow bail for individuals who get arrested. Moreover, bail bond agents from other states can not assist you with your bail bond if you get arrested in Maine. The state has its bail bond program that defendants can take advantage of.
If you want to bail someone who got detained, you will need to go directly to the jail where the defendant was kept and pay a full amount of the bail personally. If the set bail is paid in full, the defendant will then be released from custody.
Massachusetts
In the state of Massachusetts, bail bond agents are already abolished. In the year 1980, Massachusetts set a cash bail as an alternative to the surety that amounted to 10% of the totality of the surety.
It is hard to be arrested in these states as you will be forced to pay a large amount of money for your freedom. But If your state is not listed above, you are lucky as you can readily use Remedy Bail to free a detained family member, friend, or relative.
Bail Bond Alternative
Even though these states prohibited commercial bail bonds, they still have alternative bails available for the defendant. Instead of the surety bond, the person who gets arrested must pay the court the entire amount of the bond in cash and person.
Some states also offer a payment plan for those who can not afford to pay the entire bail amount. If the defendant is unfortunately located in a particular state that does not offer this alternative, they need to go back to jail to await their trial.
However, in some cases, the defendant’s friends or family can sign a signature bond and send it to the court to terminate the bond amount and give the defendant their freedom without paying a dime. The signature bond will stand as a voucher that the defendant will attend court hearings and follow the rules when they’re set free.
Takeaway
The states that decided to drop the commercial bail bond believe that the system discriminates against the poor. However, some states created an alternative to commercial bail bonds. It is better to understand your state’s regulations regarding bail bonds to know what you can do to help a detained person obtain freedom.
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