One of the questions I am regularly asked is how to get someone out of jail during the Coronavirus Outbreak. If they are in a county jail or a city jail, most likely, you will be able to get them out.
County or City Jail
The first thing I recommend is that you call the city or county jail to see if they have a policy that allows someone to sign a Signature Bond – the person in jail can sign their bond and agrees that if they do not show at their court date, that they will be arrested and pay the amount of the bond. Jefferson County uses Signature Bonds for non-violent crimes. If there is an application by a lawyer on cases that are considered violent crimes, judges are allowing for surety bonds for a minimal amount. Most probation violations or bond revocations need an attorney to file a Motion to Reinstate Bond.
Motion to Reinstate Bond
With the virus and the state’s restrictions, almost all court filings are filed electronically, which usually requires an attorney. You need to hire an attorney to file the motion with the judge for release. Unless the charge is a serious violent crime such as murder, rape, attempted murder, or capital murder, the person should be released on bond.
The reality is most of these cases are misdemeanors or felonies drug cases. If the motion is filed, the judge should release the person unless they have Holds from other cities or counties. HOLDS are warrants that are outstanding for other jurisdictions. Most Judges will require a bond to be posted. It can be either a cash bond or a property or surety bond. The surety bond is handled through a bail bondsman. Aaron Law Firm recommends Fresh Out Bail Bonding (205) 261-1118. Usually, there is not a Cash Bond unless the person has missed court, or there is Failure to Attend (FTA) warrant. If there is a cash bond, it is usually the total amount of the fine and court costs for their case.
Type of Bonds
Release on Your Own Recognizance -or referred to as a Signature Bond – the person in jail can sign their bond and agrees that if they do not show at their court date, that they will be arrested and pay the amount of the bond
Cash – A person can go to the jail where the person is held and deposit cash in the amount of the bond plus a $35.00 bail bond fee with the clerk. This money will be held until the case is resolved, and it will be used to pay fines and costs with the difference returned to the person, or returned to the person who paid the bond.
Surety Bond – commonly called Bail Bonds is a process where someone calls a Bail Bond company that is licensed to bail people out of jail in the county where the person is being held. The fee to the Bail Bonding company for this service is usually 10 – 15% plus a $35.00 bail bond fee. Both of those fees are not refundable but are just the service fee to the bonding company. Once the fee is paid, the bonding company will go to the jail and sign the bond for release.
Property Bond – If a person has property in the county where the person is in jail, that property may be able to be used to pay the bond. The person will need the deed for each piece of property, and all owners listed on the deed must be present to sign the Bond. The value of the property must be more than the amount of the bond. The Sheriff is the person who determines if the property can be used to make the bond.
If you need help, give us a call here at the Aaron Law Firm (205) 685-8383, or you can email me at JohnAaro@AaronLawFirm.com.