Making Bond
In Louisiana there are several ways to go about being released on bond:
- You can post the entire amount of the bond in cash with the court. This, not surprisingly, is know as a CASH BOND. At the conclusion of the case, you will have the entire amount of the bond you posted refunded to you.
- You can contact a licensed bail bondsman to post a COMMERCIAL SURETY BOND, more commonly known as a bail bond. This service is helpful if you cannot afford to post the entire amount of the bond in cash. For a fee (usually around 13% of the total bond), a bail bondsman will post the total amount of the bond for you. This fee is non-refundable.
- You may post a PROPERTY BOND. The court allows real property to be posted as bond, so long as there is sufficient equity in the proposed property to cover the full amount of the bond. The court holds and records a mortgage against the property in the amount of the bond, and cancels the mortgage only after the conclusion of the case. There is sometimes a fee associated with a property bond (to cover the cost of filing and recording the mortgage).
- A judge may choose to issue a RELEASE ON RECOGNIZANCE, or ROR bond. This is known in some states as a personal recognizance bond. It requires merely that a defendant sign a promise to return to court for trial whenever notified, but does not require posting any money either with the court or with a bail bondsman. Frequently, the services of a reputable attorney can be useful in appealing for a recognizance bond, as judges are more likely to grant this type of bond when they know a defendant is represented by counsel.
- A judge may grant a PERSONAL SURETY BOND (PSBU). This is similar to an ROR bond, except it is a signature bond by someone other than the defendant who pledges (but does not post) the full amount of the bond. Typically a hearing is held where the person signing the bond must establish that they have sufficient assets to cover the bond amount should the defendant forfeit the bond by failing to appear at court. If the bond is forfeited, the court can demand the amount of the bond from the signer of the bond, otherwise no money is ever required. In Orleans Parish there is a $200.00 fee for a PSBU.
An experienced attorney can:
- Help protect an arrested subject’s rights after arrest
- Insure that a bond is set in a timely manner
- Insure that bond is set at an appropriate amount
- Make a motion to reduce a bond that has been set too high
- Recommend a reputably bonding company to post bond
- Assist in the possible release of a defendant on their own recognizance