7 Different Ways to Get Out of Jail and Post Bond/Bail
By: Attorney Mark Nicholson
1. Own recognizance – This involves a defendant signing a contract and agreeing to return for all court appearances. No bail is set and no security is required. This is commonly used for non-violent misdemeanor crimes. An OR (Own Recognizance) also referred to as ROR (Released on Own Recognizance) release is also more common in counties where jail overcrowding is an issue, like Marion County. Although, more counties are moving towards pre-trial release programs, per Criminal Rule 26.
2. Cash Bond- A cash bond is a bond that must be posted using the total amount of cash. Any person can post this type of bond. Once the case is resolved, a cash bond can be refunded if there are no fees, fines, and/or restitution owed.Example: Judge orders a $500 cash bond, requiring a person to pay the full $500 to the court in order to post bail for another party.
3. Surety Bond– Surety bonds are 10% of the total bond ordered in a case and must be posted with a licensed bail agent. The bail agent then posts bail with the court on your behalf. This type of bond is not refundable.
Example: Judge orders a $1000 surety bond. A person would give 10% or $100 to a licensed bond agent. The bond agent then posts bail with the court on your behalf.
4. XC Bond – An XC bond is a combination of a cash and a surety bond. Once the case is resolved, the cash bond is refundable if there are no fines, fees, and/or restitution owed.
Example: Judge orders an XC bond, where $500 is a cash bond and $1000 is a surety bond. Any person can post the $500 cash bond, which must be paid in full. A licensed bond agent must post 10% of the surety bond, or $100.
5. Percent Bond – Similar to a surety bond, a percent bond requires a person to pay 10% of the total bond amount. However, a licensed bond agent is not required to post the bond – any person can do it. A percent bond, also called a PR bond, is refundable if there are no fees, fines and or restitution ordered once the case is resolved.
Example: Judge orders a $1000 percent bond. Any person, not necessarily a bondsman, can post 10% of the bond amount or $100.
6. XR Bond– An XR bond is a combination of a surety and a percent bond. Only the percent bond portion of an XR bond is refundable if there are no fines, fees, and/or restitution owed to any party once the case is resolved.
Example: Judge orders an XR bond, where $1000 is a surety bond and $500 is a percent bond. A licensed bond agent must post 10% of the surety bond amount, or $100. Any person, not necessarily a bond agent, must post 10% of the percent bond, or $50.
7. Property bond– This is not commonly used except in cases in which the bail amount if quite high. The defendant, or a co-signor, has a lien placed on property – such as a home or car. A lien in favor of the court is recorded in the county in which the property is located. There is considerable paperwork required to prove the value of the property and ownership by the defendant or co-signor.