Out on Bail

Procedure is variable but here's one real version:
Arresting officer takes ya to jail if there are pre-set bails for the charge, to the magistrate otherwise. Mag sets bail or ORs (releases the subject On Recognizance) the arrested person. Assuming bail was set, then again, we're back to jail. At the jail, there's a holding area to process people. They can still be printed, entered into AFIS, etc, but they can also start phoning for bail. Sounds like your character calls 'her' who comes down to post his bail and skedaddle. Often w/ bail, conditions will be set, i.e., do not return to those premises for 48 hours. Public drunkenness is a status crime, gone the way in most places, although it's still kicking here and there in some forms. DC (disorderly conduct) is the more likely charge. He needs to have been screaming his head off. Or mebbe he was drunk in a bar--Intoxicated on Premises charge.

Getting questioned for poking at a drunk won't get him in jail needing to post bail. If your guy can be drunk, you can let him get grabbed for intoxicated on premises. There are other ways to get DC, too. He can be creating a hazardous condition by getting into traffic repeatedly, for ex, and refusing to be amenable to the po-po's suggestion he not do that, threat for jaywalking tickets, etc. r maybe he's got minor warrants- stacks of unpaid traffic tickets, for ex, and fails the attitude test when the cop FIs him. Or maybe there's a phony charge, i.e., bartender swears he didn't pay for food/drink, fills out a PPA (private person's arrest form) and the responding ofc effects the arrest, jailing instead of doing a cite & release. Many misdos to get your boy in and out of jail quickly. Since you don't want him to be a screamer (and I like your guy better already for that) you can pick what uou do want him to be, belligerant, drunk, petty thief, set-up by another, just got caught driving reckless or suspended license, goofing off lighting garbage on fire in the alley.

Another thing you might need to know is if a person is arrested and has alcohol in his system, he will not be released from most jails until his blood alcohol content is zero. Even if he wasn't arrested for an alcohol offense.

It's a liability thing.

Actually, I've seen many a drunk released OR by a magistrate instead of being sent to jail.
But the mag always sternly told them not to drive anymore.

BarbJ said:

No, not me, or I would know. What's the procedure? I have the MC finding an all-night bondsman - then what? Fill out forms? Is there a wait? Do they then go to the police station ? And what? Also approximate timing. If it affects anything, it's a minor charge - public d&d - for which he would probably be released on own, etc, but she has to get him out fast for reasons. Also, it's back in the mid-1980s. Thank you!

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Mostly I believe it depends on the character of the person charged. Whether they have priors or not, how heinous the charge is.

Even drug possession/distribution was a signature release in the 80's...Despite Ronald Regan's "war on drugs"

Most places are going to let a first time minor offense out on a PR bond or personal recognizance bond (just their word, and a signature, promising to come back for court). Even a driving while license suspended 2nd or more offense, will get a PR bond. First offense DWLS would just get a ticket on the road unless the guy was a total ass. First time OWI gets a PR bond as soon as he's sober, same with D&D.

Glad to help, Barb.

And can I just mention, the reason I know these things is NOT because I've been to jail.

I had a friend ( yes, really) who was arrested for drunk and disorderly conduct and he had to wait till the next morning to post bail. it was pretty low - if i remember right $300 and only had to pay what the bailbond person charges - 10%?? so what, $30?

his sentence was a fine ( dont know how much) and 6 months unsupervised probation

Yeah, the lady friend wouldn't need a bondsman to get him out of jail for a Class C, just some cash.

BarbJ said:

No, not me, or I would know. What's the procedure? I have the MC finding an all-night bondsman - then what? Fill out forms? Is there a wait? Do they then go to the police station ? And what? Also approximate timing. If it affects anything, it's a minor charge - public d&d - for which he would probably be released on own, etc, but she has to get him out fast for reasons. Also, it's back in the mid-1980s. Thank you!

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Barb,

Here's what happened when I had to bail out someone (recently, BTW; not sure if the procedure was different in the 1980s).

The person who was in jail called me and said he was being held on $5,000 bond. I then went to the Yellow Pages, looked up Bail bonds, found one, called the place. (This was about 7:00 at night.) After briefly talking to the bondsman, he said he'd meet me at the jail and we'd fill out the paperwork there.

Twenty or so minutes later, I was at the jail. There was a bunch of paperwork to fill out. Basically, you have to pay 10% of the bond to the bondspeople (which was $500 in my case); they took credit cards (thank goodness). The paperwork is all kind of a blur, but a lot of it had to do with them doing a credit check, filling out as to whether the person I was bailing out had any kind of past criminal/prison history (which was no). Also, the person being bailed out had to call the bail bonds place on a certain day every week until the case was disposed of (that is, the sentence was pronounced, which could mean jail, a fine, community service, or whatever the judge decided).

This could go on for quite some time, as it has in this case.

At no time was I at the police station, as the person was already in jail.

Of course, I'm talking about a major charge, here. Minor charge? I remember a minor charge with this person, in which he was released without any sort of payment and any sort of jail time. He was issued a summons and required to be in court on the particular day, at a particiular time. (And this was during the 80s.) He was given community service, although his "friend" almost ruined it for both by being a wise ass. The judge relented simply because this person was polite and respectful to the judge.

Community service was a joke; all this person and his "friend" did was wash an ambulance or fire truck, and I think they might've cleaned the kitchen at the local fire house; that was it.

Not sure if you've already received the info you needed, but thought I'd leave what I've experienced (although I wasn't the one doing community service or in jail or anything - seriously).

~Nancy

Public intox charge can land him in jail, he makes a phone call, you get a cigar smoking, ass pinching swine to buy his bail, he gets out in say....3 hours paying a percentage of what the bail was set at to the bail bondsman. Don't forget the bail bondsman IF the guy/girl doesn't have all the cash to get him out at first. The bail bondsman can be a unique twist/conflict to the story!!

BarbJ said:

No, not me, or I would know. What's the procedure? I have the MC finding an all-night bondsman - then what? Fill out forms? Is there a wait? Do they then go to the police station ? And what? Also approximate timing. If it affects anything, it's a minor charge - public d&d - for which he would probably be released on own, etc, but she has to get him out fast for reasons. Also, it's back in the mid-1980s. Thank you!

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It might help if you mentioned a specific state, because the laws vary.

The last time I bailed somebody out of jail was in the 1980s (thank goodness) in FL and LA, and if memory serves...using a bail bondsman wouldn't make the process faster. If anything, it would slow it down. A judge either releases the person on their own recognizance, OR they set bail. If they get OR, they're released immediately. If bail is set, they go back to jail until somebody bails them out.

Also if memory serves, back then even if the person who was arrested had cash, a checkbook or a credit card on them when arrested, it couldn't be used to pay the bail. Because they didn't have access to their personal property until they were released.

For higher bail amounts, like $10,000, the bail bondsman normally takes a lien on real estate. So, a homeowner pledges their house that this person won't disappear before the trial. In addition, they pay 10% to the bailbondsman as a non-returnable fee.

As far as mechanics, in FL we actually met the bailbondsman at his home, where we signed the papers and he then went to the jail and got the person released. In LA, we paid the bond in cash, at the jail/police station and took the person home.