How Bail Bonds Work in Delaware
Complete guide to the bail process, costs, and laws in Delaware (DE).
Delaware Bail Bond Quick Facts
Delaware Bail Laws Overview
Delaware Code Title 11 Chapter 21 covers bail procedures. Commissioners and judges set bail amounts based on a point system and individual circumstances.
Delaware has a smaller bail bond market. The state uses both commercial bail and a robust pretrial services program.
Bail Bond Costs in Delaware
The standard bail bond premium in Delaware is 10% of the total bail amount. This fee is non-refundable and is paid to the bail bond agent for their service.
Example Costs in Delaware
Step-by-Step: Getting a Bail Bond in Delaware
Arrest and Booking
After an arrest in Delaware, the defendant is taken to a local county jail or city jail for booking. This process includes recording personal information, fingerprinting, and taking a mugshot. Booking can take 1-4 hours depending on the facility.
Bail Is Set
A judge or magistrate sets the bail amount based on the charges, criminal history, and flight risk. Many Delaware courts use a bail schedule for common offenses. For serious charges, a bail hearing may be required.
Contact a Bail Bondsman
Call a licensed bail bond agent in Delaware. Most are available 24/7. Provide the defendant's full name, booking number, jail location, charges, and bail amount. The agent will explain what's needed.
Pay the Premium
Pay the bail bond premium (10% of the bail amount) to the bondsman. Most Delaware bail bond companies accept cash, credit cards, and offer payment plans. For larger bonds, collateral such as property or vehicles may be required.
Bond Is Posted
The bail bond agent posts the bond with the jail or court. Many Delaware facilities accept electronic bonds, which speeds up the process.
Defendant Is Released
The jail processes the release. Times vary — smaller Delaware jails may release in 1-2 hours, while larger county facilities can take 4-12 hours.
Attend All Court Dates
The defendant must appear at every scheduled court hearing in Delaware. Missing a court date results in bail forfeiture, a bench warrant, and potential additional charges. The bail bond company may send a fugitive recovery agent.
Case Concludes
When the case ends, the bond is exonerated and any collateral is returned. The premium paid to the bondsman is not refunded regardless of the case outcome.
Frequently Asked Questions About Bail in Delaware
How much does a bail bond cost in Delaware?
The standard bail bond premium in Delaware is 10% of the total bail amount. For example, a $10,000 bail would cost approximately $1,000 for the bond premium. This fee is non-refundable.
Can I get a bail bond at any time in Delaware?
Yes, most bail bond agents in Delaware are available 24 hours a day, 7 days a week, including holidays. You can start the bail bond process at any time after bail has been set.
Do I get my money back after the case is over?
The premium paid to the bail bond agent (10%) is non-refundable — it is the fee for their service. However, any collateral posted is returned when the case concludes and the bond is exonerated.
What happens if the defendant misses court in Delaware?
If the defendant fails to appear in court in Delaware, the judge will issue a bench warrant for their arrest and the bail is forfeited. The bail bond company may hire a fugitive recovery agent to locate and return the defendant. The indemnitor (co-signer) becomes responsible for the full bail amount.