General Bail & Bond Process
Bail is a financial guarantee to the court that the defendant will appear for all required court dates and comply with any release conditions.
A judge typically sets the bail amount during a hearing, considering factors such as the severity of the crime, the defendant’s criminal record, community ties (employment, family), and potential flight risk or danger to the community.
Options generally include:
Personal Recognizance: Release without bond for non-violent defendants, based on a promise to appear in court.
Cash Bond: Paying the full bail amount to the court directly. The money is refunded (minus any fines or fees) if all court appearances are met.
Surety Bond: Using a licensed bail bond company to post the bail for a non-refundable fee. This is the most common option.
Property Bond: Using real estate as collateral, requiring court approval and sufficient equity in the property.
Working with a Bail Bondsman
Louisiana law sets the premium for commercial bail bonds at a standard, non-refundable 12% of the total bail amount, or $120, whichever is greater. For example, a $10,000 bail would cost a $1,200 fee.
Yes, parishes may charge additional non-refundable jail or processing fees. For instance, an additional fee of $30 or more is common.
No, the 12% premium paid to the bail bondsman is a service fee and is non-refundable, even if the charges are dropped or the defendant is found not guilty.
The judge will likely issue a bench warrant for the defendant’s re-arrest, and the bail bond may be forfeited. The co-signer becomes responsible for the full bail amount to the bondsman. The bondsman also has the legal power to apprehend the defendant.
A co-signer is a guarantor who ensures the defendant appears in court and that all fees are paid. They are responsible for the full bail amount if the defendant fails to appear. Typical requirements include being at least 18 years old, having a valid ID, and stable employment/finances.
The bail bond paperwork usually takes 20-30 minutes. The actual release time depends on the specific jail’s processing speed, which can range from one to three hour.