There are several factors to consider in posting bail:
- What did the defense attorney recommend? You can speak with the client’s attorney after court and ask for their opinion on posting bail.
- Ask “does the client have a detainer?” before posting bail. A detainer is a hold on the client. It can be from parole, probation, or another pending case. If there is a detainer, the client will not be released even if bail is paid. Even worse, the client will not receive jail time credit on the case(s) for which the bail was paid. You should ask the clerk about detainers before posting bail.
- Will the client return to court? If you post bail and the client does not return to court for all scheduled court dates until the case is closed, you may, if the Judge orders the bail forfeited, lose the money or other assets you posted for bail.
