If you've been charged with a criminal offense and taken to jail, most cases other than some capital crimes like murder or rape, will have a bail amount set by the judge. Understanding your rights to have a reasonable bail amount set, plus how to arrange bond will be initially established at your first appearance.

If you choose to bond out of jail, there will also be stipulations and conditions placed on you by the courts and the bail bond service, if you choose one to post your bail. Here is how bond is set, how you post go about posting bond, plus two important conditions you cannot violate, or your bond can be forfeited.

Setting Bond

Normally a bond amount will be set at first appearance, but you have the right to request a separate hearing, to either ask for bail if no bond was set, or plea for the amount to be reduced. All cases are unique and you have the right to counsel at all stages, including first appearance.

You do have the right to waive counsel for the purposes of establishing bond at your first appearance, but that will not eliminate your ability to request a separate bond hearing. You also have the right to a reasonable bond amount, based on your individual circumstances. If you have questions about the process, a bondsman can give you answers about how bail works.

Posting Bond

Once your bail is set by the court, you can post the full amount in cash, or secure the services of a licensed bail bond service. The court may impose a series of conditions as part of your release that a bondsman can explain to you in detail and help you avoid violating any of them.

Here are the two most important conditions you need to be aware of and follow if you are released on bail pending future court hearings.

Two Important Conditions of Release on Bond

1. Leaving the State

The courts can place rigid restrictions on certain cases, but most of the time, you cannot leave the state. If you use a bond service to post your bail, while most court stipulations must be followed, if you have an emergency you can consult with your bondsman.

This is one appealing aspect of using a bondsman to post your bail, as opposed to posting a cash bond. You have a person to contact, who can work for you if unforeseen situations arise, such as needing to leave the state in case of an emergency.

2. Commit New Crimes

The courts stipulate that no one released on bail shall commit additional crimes. When you are arrested, in the court's eyes you have immediately violated the conditions of your release. When you use a bondsman to post bail, often they will get to the jail and secure your release before you are brought before a judge.

Each situation is different, but the most common procedure will be to forfeit your bail and remand you back into custody with no bail initially. Do not commit additional crimes if you are released on bail. Your bondsman may not be able to help you, so do not take the risk.

If you have questions about your right to bail, how the process works, or how to make sure you do not violate the conditions of your release, speak with a licensed bondsman. You have the right to be released on bail while your case goes through the legal process.