How do Bail Bonds work at Montgomery County Jail & Sheriff
Bail is the temporary release of an accused person awaiting trial on condition that a sum of cash money be lodged to guarantee their appearance in Montgomery County Court in Mt. Ida, Arkansas.
Once the defendant is booked and filed for arrest, a custody and bail hearing will be scheduled, usually within 48 hours.
At the hearing the judge may issue a bail or bond amount. This bail or bond is a refundable sum of cash money paid to the court to provide incentive for the defendant to attend all scheduled court hearings.
Instructions on how to post Bail or Bond in Montgomery County
BOND - What is bond and how is bond posted?
The terms “Bond” and “Bail” are often used interchangeably, although there are technical differences.
The purpose of requiring the posting of a bond is to ensure that an arrested person will appear in court to answer his or her charges after release from custody.
Generally speaking, judges determine the amount of bond, while the sheriff determines the sufficiency of the bond, Arkansas Code 16-84-105 and 16-84-110.
Arkansas Code 16-81-109. Bail: “When any sheriff or other law enforcement officer makes an arrest, he or she is authorized to take and to approve bail in the manner provided by law wherever he or she makes the arrest.”
Arkansas Rules of Criminal Procedure, Rule 8 and Rule 9: These rules govern first appearances in court and the setting of bond/bail if the arrested person is still in custody.
Type of Arrest: If a person is arrested with a warrant, the warrant will generally have the bond amount listed.
If a person is arrested without a warrant, bond may be set in the manner prescribed above.
Type of Bond: There are several forms of bond that are authorized by law.
CASH: An arrested person, or someone acting on his behalf, may post the entire bond amount in cash, which will be held by the sheriff or the court pending disposition of the criminal case.
SURETY: An arrested person may secure his release through the utilization of a professional licensed bail bonding company. This is known as a “surety bond”. The bonding company will charge the arrested person certain “fees” for the service of posting a surety bond to secure the release from custody. Those fees are non-refundable and are not applied to any fines, costs, or restitution that may later be ordered by the court. Note: A law enforcement officer is prohibited from recommending the services or any particular bonding company or bondsman.
SHERIFF’S BOND: The sheriff is authorized to accept collateral as bond to secure the release of the arrested person from custody. Note: The Cleburne County Sheriff’s Office does NOT authorize or accept so-called “Sheriff’s Bonds”.
OWN RECOGNIZANCE: A court will sometimes authorize a person in custody to be released on his “own recognizance”, which is nothing more than a promise to re-appear at a later date for further judicial proceedings. These are rarely authorized for other than very minor offenses.
RULE 5.2 PRE-TRIAL RELEASE: The ranking person on duty at the jail or detention center may authorize the release of a person from custody by utilizing a citation to appear as authorized by Rule 5.2 of the Arkansas Rules of Criminal Procedure. With respect to misdemeanor offenses, this authorization falls exclusively within the discretion of the Office of Sheriff. With respect to felony offenses, a recommendation from the Prosecuting Attorney is needed in order for a Rule 5.2 release to occur. Note: Rule 5.2 releases are rarely authorized by the Sheriff’s Office, generally only in cases of severe overcrowding or emergency situations. This release option is available only prior to an appearance before a judge, after which the sheriff’s office must follow the orders of the court.
Standard conditions of pre-trial release or “conditions of bond” may apply in all instances, and failure to abide by those terms and conditions may result in the bond being revoked and the person being returned to custody.
Who can post Bail or Bond for a Defendant at Montgomery County Jail & Sheriff?
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a Arkansas state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
How are Bail or Bond Amounts decided in the city of Mt. Ida, in Montgomery County, state of Arkansas
As a general rule, a judge will most likely set a higher bail or bond for more serious crimes and a lower amount for less serious crimes. Other factors may include, but are not limited to:
When will the Cash Bail or Collateral be returned to me?
Money or collateral will not be returned until the defendant's court case is finished, so realistically it could take several months to years, depending on the severity of the charges. If a defendant posts his or her own bail, Montgomery County Court may retain whatever amount of fines or fees have accumulated throughout the trial.
What happens to my Bail or Collateral if the Defendant misses Court?
The Judge may order a failure to appear warrant for the person's arrest or the Judge may order a Bail Commissioner's Letter be issued that will be sent to the person with a new court date.
If cash bail was paid, the entire amount may be forfeited.