Washington State Bail Bond System Explained

Being charged with a crime is often disorienting and confusing, especially if you do not have any previous experience in the justice system. What should you do, and how do you get released on bond so you can build your defense?

Fortunately, a Tacoma criminal defense lawyer at Puget Law Group can explain the Washington State bail bond system so you are more confident in facing allegations against you.

For more information about bail bonds and to get help with your specific case, call Puget Law Group 24/7 to get the Washington State bail bond system explained.

How Washington’s Bail System Works

After being arrested and processed, you may be able to post bond right away, or you could have to wait for a bail bond hearing. You will be given a bail amount and must arrange to pay that before you are released.

If your charges are serious, you will appear at your arraignment, where you will be formally charged, and you will enter your plea of guilty, not guilty, or no contest.

The judge will then decide what your bail amount will be, and you must pay it to the bail bonds person in one of several forms. Typically, you are only required to pay 10% of your bond, such as $500 on a $5,000 bail.

What Is the Purpose of a Bail Bond?

Bonds are required to ensure defendants have the incentive to show up for court without requiring them to sit in jail while awaiting their trial. As long as you appear for your court dates, you are eligible to receive any remainder of your bond after your case is completed.

However, if you owe any fines or court fees, the court takes these out before refunding whatever is left. Learn more when you call or read about Puget Law Group.

From Arrest to Release: A Step-by-Step Explanation

Washington’s pretrial release process may involve personal recognizance, bail, bonds, or other court-ordered conditions. The general process includes:

• Arrest and booking: After an arrest, the person is taken into custody and processed by law enforcement.
• Probable cause determination: For a warrantless arrest, a judicial officer generally must determine probable cause within 48 hours unless probable cause was established before the arrest.
• Preliminary appearance: The person is brought before the appropriate court, where the court addresses the charges, right to counsel, and pretrial release.
• Release decision: Washington generally presumes release on personal recognizance in noncapital cases, although courts may impose conditions when permitted by law.
• Bail or other conditions: If additional conditions are necessary, the court may require a bond, cash security, supervision, travel restrictions, or other authorized conditions.
• Release from custody: Once the court’s requirements are satisfied, the person may be released subject to any conditions imposed by the court.

Types of Bail in Washington

In rare cases, you could be released on your own recognizance or after a citation release (cite out) without paying any bond. Citation releases are common for traffic violation tickets. Most people aren’t this fortunate and must arrange to pay their bonds in one of three common ways.

• Cash bond: Cash bonds are paid in full with currency. You can pay for this yourself or have a relative or friend post the full amount on your behalf.
• Property bond: If you have valuable enough assets, the court may accept these in the form of putting a lien against the property as a bond. However, if you fail to appear for your court date, the state can foreclose on the property and seize it.
• Surety bond: Surety bonds are the most common kind of bond posting, where the defendant uses a bond company to put up the bail amount by signing a contract with the bond agent.

Posting a surety bond with a bail bondsman means they pay your full bond, and you pay them the 10% instead of paying the court directly. You, a friend, or a relative can contact a bail bond company to arrange an interview with you at the jail. 

However, unlike paying the court, you aren’t eligible to get your 10% back from a bail bonds company after your case is finished.

Bail Bond Costs

The cost of obtaining a commercial bail bond can depend on the amount of bail, the type of bond, and the bail bond company’s requirements. Not every person arrested in Washington must purchase a commercial bail bond, because courts may order personal recognizance or other forms of release.

• Bail amount: When monetary bail is ordered, the court determines the applicable bail or bond requirements based on the circumstances of the case and applicable court rules.
• Bond fees: A commercial bail bond company may charge a fee for providing a surety bond. The agreement should identify the applicable fees and financial obligations.
• Collateral: A bail bond company may require collateral under the terms of its agreement. The agreement should explain the conditions for returning collateral.

What Rights Does a Person Have When Facing Bail?

Washington law provides protections for people facing pretrial detention and release conditions. The specific rights and procedures can depend on the charges and court handling the case.

• Right to counsel: A person facing criminal charges has a right to legal representation, including appointed counsel for qualifying defendants.
• Right to have release considered: Washington’s criminal rules establish procedures for determining whether a person should be released and what conditions, if any, should apply.
• Presumption of personal recognizance: In applicable noncapital cases, Washington’s rules generally provide for release on personal recognizance unless the court finds that additional conditions are warranted.
• Right to seek review: A defendant may have procedures available to request reconsideration or review of release conditions, depending on the circumstances and court involved.
• Right to know release conditions: When a court orders conditions of release from jail, the person must comply with those conditions. Violating them can result in additional court action, including reconsideration of release conditions.

How a Criminal Defense Attorney Can Reduce Your Bond

Obviously, you want to pay as little as possible in bond so you don’t have to sell your assets, ask friends to pay for you, or end up in debt to a bail bonds company. However, reducing your bond isn’t as easy as simply asking the court to trust you that you’ll come back for your trial.

The best thing you can do is work with an experienced criminal defense lawyer at Puget Law Group who can prepare you for your hearing by presenting strong arguments in your favor.

Your defense attorney can file a motion asking the court to reconsider and set a more reasonable bail. They may even be able to persuade the judge to dismiss bail entirely and release you on your own recognizance.

You Must Appear in Court or Face Consequences

Being released on bond isn’t a free pass to keep living your life the way you did before. The Washington State Legislature established numerous bail determinations that judges can issue, and you must abide by them. If you don’t follow these rules, you could end up back in the Washington State Department of Corrections or face even more charges:

• Obey all laws, including traffic laws
• Don’t use drugs or alcohol, and get drug tested if the judge says you must
• Don’t own or use firearms
• Check in regularly with the bond agent or court
• Stay away from anywhere associated with any criminal activity
• Don’t associate with anyone else involved in your case
• Keep your current job or look for one if you are unemployed
• If you are subject to home detention, stay home and don’t risk arrest
• Stay within the jurisdiction and don’t travel without permission from the court
• Comply with all travel restrictions set forth by the court

The most important thing you must do when out on bail is show up to your court date. If you don’t, the judge may issue a warning, have you arrested, revoke your bail, increase your bail, or put you in jail for contempt of court. 

It’s not worth it to take a chance, and your criminal defense attorney can help you meet the restrictions so you don’t lose your freedom.

A worst-case scenario would be if you flee or attempt to leave the jurisdiction to avoid your charges. Under Washington law, you can be held in custody for up to 12 months, and you will lose any bail you have posted. If your friends or family members posted money or property on your behalf, they could lose it without recourse. Contact Puget Law today.

Washington Bail Bonds: Frequently Asked Questions

Washington’s pretrial release system can involve personal recognizance, bail, bonds, or other conditions ordered by the court. These answers address some common questions about bail and pretrial release in Washington State.

What Is a Bail Bond in Washington State?

A bail bond is a financial obligation used as a condition of pretrial release. Depending on the circumstances, a Washington court may release a person on personal recognizance or impose conditions that can include an unsecured bond, a secured bond, a surety bond, or a cash deposit.

How Is Bail Determined in Washington State?

Washington courts consider whether the conditions of release will reasonably assure court appearances and, where applicable, protect victims, witnesses, the community, or the integrity of the legal process.

If personal recognizance is not sufficient, the court must impose the least restrictive conditions that will reasonably assure the person’s appearance.

Can a Judge Deny Bail in Washington State?

Washington generally presumes that a person charged with a noncapital offense will be released on personal recognizance.

However, the court may impose conditions of release or order detention when the requirements under the applicable court rules are met, including circumstances involving a likely failure to appear or certain public-safety concerns.

What Happens If Someone Misses a Court Date?

Failing to appear as required can result in forfeiture of bail or a bond and an order for the person’s arrest. Depending on the circumstances, failing to appear after receiving the required notice can also result in a separate failure-to-appear or bail-jumping offense under Washington law.

How Quickly Can Someone Be Released After Bail Is Posted?

Washington does not provide one statewide timeframe stating that a person must be released within a specific number of hours after bail is posted. The timing can depend on the court’s order, the type of release, and the procedures of the jail or court handling the case.

Don’t Take Risks with Your Bail Bond: Call Puget Law Group 24/7

If you’ve been arrested in Washington State, get legal counsel and contact the criminal defense team at Puget Law Group. We manage all aspects of your case, from bond to defense preparation and appeals.

Our client testimonials demonstrate our diligence and commitment to every case. Contact a criminal defense lawyer today to arrange a consultation and get help with your bail bond questions.