How to Get Someone Out of Jail in Louisiana
It can be very stressful when a friend or family member lands in the parish prison. Many people do not even know the first step to getting the arrestee out. There are many factors to consider when thinking about getting someone out of jail. See the video below for more information:
How is Bail Determined?
Before an arrestee may be released, generally, bail must be set to assure the court that the arrestee will appear for court. Usually, a judge or magistrate sets the bail. The judge may consider the type of charge, facts, residence, and even criminal background of the arrestee before setting bail. The amount of bail set by a judge to ensure the presence of the defendant in court and for the safety of the public, is based on the following factors:
- The seriousness of the offense charged, including but not limited to whether the offense is a crime of violence or involves a controlled dangerous substance.
- The weight of the evidence against the defendant.
- The previous criminal record of the defendant.
- The ability of the defendant to give bail.
- The nature and seriousness of the danger to any other person or the community that would be posed by the defendant’s release.
- The defendant’s voluntary participation in a pretrial drug testing program.
- The absence or presence in the defendant of any controlled dangerous substance.
- Whether the defendant is currently out on a bail undertaking on a previous felony arrest for which he is awaiting institution of prosecution, arraignment, trial, or sentencing.
- Any other circumstances affecting the probability of defendant’s appearance.
- The type or form of bail.
What are the Types of Bail?
The types of bail are:
- Bail with a commercial surety.
- Bail with a secured personal surety.
- Bail with an unsecured personal surety.
- Bail without surety.
- Bail with a cash deposit.
Once the bail is set, the defendant can be bonded out. If you can’t afford to post the entire bond amount, you can hire a bail bondsman. He may require a fee of 10-12% for putting up the entire amount of the bond. The bondsman’s fee will not be returned. That is his fee for putting up the entire bond and the surety assuming risk that the defendant will appear in court.
The surety can also post a property bond. In this case, the surety agrees to place a mortgage on a piece of real property in Louisiana in favor of the State of Louisiana or the proper political subdivision. The property must be unencumbered in the amount of the bail.
Another option is to post bail as an unsecured personal surety. This requires filing an affidavit that you have enough property in the state. Usually requires you to describe your work history and you must have a clean criminal record.
In some situations, the judge may allow the defendant to bail out of jail on his own recognizance without having to post a bond.
You may post the entire cash bond yourself at the jail. After the case has concluded, you should be entitled to all the money you put up. You ensure the defendant will appear in court.
Probation or Parole?
If the defendant is on probation or parole, a hold may be placed on the defendant, barring his release. You would not want to post the bond on the new charge if there is a probation or parole hold, since he wouldn’t be released and that would cause him to be serving “dead time” on the new charge(s).
Does the Defendant Have Any Warrants?
If there is an active warrant for the defendant’s arrest, a hold may be placed. The warrant would need to be cleared before the defendant can be released on the new charge(s). This may require the defendant to appear before the judge that issued the bench warrant. In the event of an arrest warrant, the defendant may need to be transported to the jurisdiction of the arresting agency.
For more questions or help regarding bail or bonds, feel free to contact the Barkemeyer Law Firm.