Are you familiar with bail funds? If you or a loved one has recently been arrested, then you may have (or are currently in the process of doing so) researched the bail industry. Specifically, you may have even seen the term “bail funds,” and want to know if this is a better option to pursue than bail bonds.
The professional team at 24 Hour Online Bail Bonds is here to assist you during this challenging and possibly embarrassing time. We want to ensure you that we do not judge or criticize anyone. Our only goal is to provide you with clear, useful information, which in turn can assist you in moving on with your life.
As such, we’ve put together a resource article that details various parts of the bail industry and bail process, including bail funds.
Below, you’ll find an outline of frequently asked questions, facts, and helpful details. If you still have concerns or confusion, please reach out. We are here to make your life easier.
What Are Bail Funds?
As you likely already know, when an individual is arrested, he or she can usually not get out of jail until some sort of bail has been paid. The amount of bail varies on different factors, including the judge and the nature of the crime.
According to a June 2020 report from NPR, nearly half a million people are in jail waiting for their trial date at any given moment. Of course, if an individual can afford bail—and bail is granted—then he or she has the option of getting out of jail and waiting for their trial date at home. However, not everyone can afford bail, resulting in people being “stuck” in jail until their trial date arrives.
While it’s true that most bail bond companies offer 24/7 service, can write larger bonds, offer flexible payment options, and provide wider coverage of cities and states, not all individuals have this option.
Enter bail funds.
Simply put, bail funds are a different (and, in many cases, last) option for those who can’t afford to pay their bail. Oftentimes, individuals aren’t required by law to pay the bail funds back—which is not how the bail process works when bail is secured from a bail bond agent.
Bail funds have a long history in this country, dating back to the 1920s, helping to prevent people from staying in jail for months or even years while waiting for their trial date if they are unable to pay their bail amount.
Who Qualifies for Bail Funds?
Generally speaking, there is a limit to bail funds. Specifically, bail funds are not used to bail someone out of jail who has been arrested for a serious or dangerous offense, such as murder. This individual's bail would be extremely high, if even offered in the first place.
The overall point of bail funds, which are different than obtaining bail from a bail bondsman, is to help get individuals who have committed low-level offenses and have lower amounts of bail out of jail.
Bail funds take the approach of “passing the hat.” What does this mean, exactly? The community gathers funds (donates money) to form a collection for those who have been arrested for smaller crimes and have been set with a cheaper bail. Additionally, bail funds are generally seen in cases involving activists or protesters.
Think of it this way: Bail funds typically exist to keep people out of jail who are trying to make a change in their community. Examples of this can be seen throughout history, including during the Civil Rights Movements and when ACT UP! established bail funds to bail out LGBTQA+ activists in the 1980s.
It’s true that the for-profit sector (the bail bonds industry) tends to be faster and more efficient than the non-profit model (bail funds). However, the benefit of the not-for-profit community bail funds is that they often will post smaller cash bonds that are not profitable for bail bonds companies.
Let’s clarify.
For example, most bond companies won’t post bonds under $5,000 unless it’s in conjunction with another bond. From a financial or profit standpoint, it just doesn’t make sense to charge 10 percent on small bonds since the overhead to pay employees tends to be a couple hundred per bond.
How Do Bail Funds Help?
Unfortunately, the cash bail system can drive an individual further into poverty or debt. Therefore, bail funds help people who simply can’t afford their bail.
Think of it this way: If a person is already suffering financially, chances are high that he or she will have to stay in jail until their court date. This could result in missing work and/or loss of job. On the reverse side, a wealthy person rarely struggles to pay his or her bail amount, meaning they can get out of jail and be with their family until the court date arrives.
Recently, bail funds have been used to bail out Black Lives Matter protestors that couldn’t afford bail on their own.
How to Access Bail Funds
Accessing bail funds could prove to be somewhat difficult, or at least require some sort of preparation. For example, if you're planning on going to a protest or a demonstration where you could be arrested, it's recommended to do your research before attending.
This means you should find a bail fund and have the contact information written down or memorized so that you can access this resource if needed. Though you will get your one phone call, it’s always best to know who you’re calling. Otherwise, you may have to phone a friend or family member to track down a bail fund for you.
In some cases, especially when protests and demonstrations are occurring, someone with access to bail funds may walk into jails after the event has occurred and posted bail for whomever they can.
Of course, you may always wish to look into supporting or donating to bail funds in your community or area, too.
Remember, if you have questions or concerns regarding bail funds or the bail industry in general, please don’t hesitate to reach out. Contact us at your convenience and we’ll do our best to clear up any confusion.