How Bail Bonds Work in Delaware
If you or a loved one has been arrested in Delaware, understanding the bail bond process is critical to securing a fast release. This guide covers everything you need to know about bail bonds in Delaware, including costs, the legal process, and what to expect at each step.
Bail Bond Costs in Delaware
Delaware bail bond premiums are typically 10% of the total bail amount. The state's bail bond industry is regulated by the Delaware Department of Insurance.
For example, if a judge sets bail at $10,000, you would pay a bail bondsman 10% of that amount — typically $1,000. This fee is non-refundable — it's the cost of the bondsman's service. The bondsman then posts the full $10,000 with the court, guaranteeing the defendant's appearance.
Delaware Bail Bond Laws
Delaware uses a risk-based pretrial release system alongside commercial bail bonds. The state implemented a pretrial risk assessment tool to help judges make bail decisions. Delaware law allows cash bail, surety bonds, and release on recognizance. The state constitution guarantees the right to bail except in capital cases. Bail bondsmen must be licensed and meet financial requirements.
Regulation
Bail bonds in Delaware are regulated by the Delaware Department of Insurance. All bail bondsmen must be properly licensed and maintain adequate financial backing to operate legally. Working with an unlicensed bondsman is risky and potentially illegal.
The Bail Process in Delaware
In Delaware, the Justice of the Peace Court handles initial bail proceedings for most arrests. Defendants are seen within 24 hours. Delaware's relatively small size means that bail processing tends to be faster than in larger states. The three counties — New Castle, Kent, and Sussex — each have their own detention facilities.
Step-by-Step: Getting Someone Out of Jail in Delaware
- Arrest and Booking: The defendant is taken to the county jail for booking, which includes fingerprinting and photographing.
- Bail Setting: A judge or magistrate sets the bail amount based on the bail schedule and the defendant's circumstances.
- Contact a Bail Bondsman: A family member or friend contacts a licensed bail bondsman and provides the defendant's information.
- Pay the Premium: The 10% premium is paid, along with any required collateral.
- Bond is Posted: The bail bondsman posts the full bail amount with the court.
- Release: The defendant is released from jail, typically within 2-6 hours of the bond being posted.
- Court Appearances: The defendant must appear at all scheduled court dates to avoid bond forfeiture.
Key Facts About Delaware's Bail System
Delaware is one of the smallest states but has an active bail bond market, especially in New Castle County (Wilmington). The state's proximity to Philadelphia means some bail bond companies serve both Delaware and southeastern Pennsylvania.
Tips for Finding a Bail Bondsman in Delaware
- Verify the license: Check with the Delaware Department of Insurance to confirm the bondsman is properly licensed.
- Ask about fees upfront: A reputable bondsman will clearly explain the 10% premium and any additional costs before you sign anything.
- 24/7 availability: Most professional bail bondsmen in Delaware offer around-the-clock service.
- Payment plans: Many bondsmen offer payment plans for the premium, especially for larger bail amounts.
- Ask about collateral: Understand what collateral may be required and the conditions for its return.
- Read the contract: Make sure you understand your obligations as a co-signer before signing the bail bond agreement.
What Happens If You Miss Court in Delaware?
Missing a court date in Delaware has serious consequences. A bench warrant will be issued for your arrest, and the bail bondsman will be responsible for paying the full bail amount to the court. The bondsman will likely hire a fugitive recovery agent (bounty hunter) to locate and return you to custody. You'll also face additional charges for failure to appear, and the bail amount for the new charge will likely be much higher.
Frequently Asked Questions
How long does it take to get out of jail in Delaware?
Once bail is set and a bondsman is contacted, release typically takes 2-6 hours in Delaware. The exact time depends on the jail's processing speed and how busy the facility is.
Can I get a bail bond with no money down in Delaware?
Some bail bondsmen in Delaware offer payment plans that allow you to get started with a smaller down payment. However, the full 10% premium must eventually be paid. Many bondsmen accept collateral such as property or vehicles.