How the Bail Bond Process Works
Understanding the bail process in Delaware can help reduce stress during difficult times
What Happens After an Arrest in Wilmington & Newark, Delaware
When someone is arrested in Delaware, they are taken to a local detention facility where they will be booked. This process includes fingerprinting, photographing, and recording personal information. After booking, a bail hearing will be scheduled where a judge determines the bail amount based on various factors including the severity of the alleged crime, criminal history, and flight risk.
In Wilmington, Newark, Delaware and throughout New Castle County & Kent County, bail hearings typically occur within 24-48 hours of arrest. The judge may set cash bail, property bail, or a bail bond as an option for release.
How Bail Bonds Work
A bail bond is a financial guarantee to the court that the defendant will appear for all scheduled court dates. When you can't afford the full bail amount, a bail bond agent provides the bond on your behalf for a fee (typically 10-15% of the bail amount).
Here's how it works: You pay the bail bondsman a non-refundable premium, and the bondsman posts the full bail amount to the court. If the defendant appears at all court dates, the bond is discharged at the end of the case, and no further payment is required.
The Role of the Indemnitor
The indemnitor (the person who signs the bail bond paperwork) is responsible for ensuring the defendant appears in court. If the defendant fails to appear, the indemnitor may be held responsible for the full bail amount.
Defendant Responsibilities
- Appear at all scheduled court dates
- Notify the bail bondsman of any address changes
- Report any changes in employment
- Stay in contact with the bail bondsman
- Follow any other conditions set by the court
What to Expect After Release
Once released through a bail bond, the defendant must follow all court-ordered conditions. These may include checking in with a probation officer, maintaining employment, avoiding certain people or places, and appearing at all court hearings.
Failure to comply with these conditions can result in the bail being revoked and the defendant being returned to custody. Our team at A Way to Freedom Bail Bonds will explain all requirements and support you throughout the process.