Being arrested is one of the most stressful experiences someone can face, and one of the first questions people ask is: “How do I get out?” In Arkansas, that typically involves understanding the difference between bail and bond, how each works, and what your options are. At The Digby Law Firm, we help people and their families make sense of the bail and bond process and fight for fair release terms every day.
Here’s what you need to know if you or someone you care about is facing criminal charges in Arkansas.
What Is Bail?
Bail is a financial guarantee paid to the court to ensure that a person accused of a crime will return for future court appearances. It isn’t a punishment, it’s a way to secure someone’s release while they await trial.
When you pay bail in full directly to the court, that amount is typically refunded at the end of the case, assuming all court appearances are made. If you miss court, however, that money can be forfeited.
Bail Amounts Vary
In Arkansas, bail amounts depend on several factors, including:
- The seriousness of the offense
- The person’s criminal history
- Whether they pose a flight risk
- Community ties, including family, employment, or housing
Some people are released on their own recognizance (meaning they promise to return without paying bail), while others are held until bail is paid.
What Is a Bond?
A bond is a payment made on behalf of the defendant, usually by a bail bondsman, when the full bail amount can’t be paid upfront. With a bond, you typically pay a percentage of the bail, often 10%, and the bail bondsman covers the rest. Unlike bail, that money is not returned to you, even if you show up to every court date.
There are different types of bonds available in Arkansas courts:
- Cash Bond: You or a loved one pays the full amount in cash
- Surety Bond: A bail bondsman guarantees the full amount for a fee
- Property Bond: Property is used as collateral
- Recognizance Bond: No money is required, just a promise to appear
Understanding which type of bond is right for your case is something your defense attorney can help with.
What Happens at a Bail Hearing?
If you’re not immediately released, you’ll have a bail hearing shortly after your arrest. The judge will consider whether bail should be set, and if so, at what amount. Your attorney can argue for a lower bail or request release on your own recognizance.
At the Digby Law Firm, we’ve represented clients across Little Rock, Benton, Bryant, and other Arkansas courts in bail hearings. We work to highlight community ties, employment, and other factors that support your release.
Can Bail Be Denied?
Yes. In some cases, such as violent felonies or if the defendant is considered a flight risk, the judge can deny bail entirely. That’s why having experienced legal representation early on matters. A strong presentation at your initial appearance can make a big difference in whether you’re released and under what terms.
What If You Can’t Afford Bail or Bond?
Many people in Arkansas sit in jail simply because they can’t afford bail or bond. If you’re in this situation, don’t give up. Your attorney may be able to:
- Request a bail reduction
- Argue for release without bond
- Negotiate other conditions, such as house arrest or electronic monitoring
At The Digby Law Firm, we advocate for fair and reasonable bail and bond conditions, especially when our clients have no prior record or pose no danger to the public.
What Happens After You Post Bail or Bond?
Once bail or bond is posted, you’re released from jail, but there are usually conditions. These may include:
No contact with alleged victims
- Drug or alcohol testing
- Travel restrictions
- Regular check-ins with the court or pretrial services
Violating those conditions can result in your bail being revoked, meaning you’ll be taken back into custody until your case is resolved.
Key Takeaways
- Bail is a cash payment made to the court; bond is a payment or guarantee made by a third party
- Bail and bond exist to ensure you return to court — not to punish you before trial
- You have the right to a bail hearing, and an attorney can help argue for the lowest possible amount or alternate release options
- Conditions of release must be followed to stay out of custody
- Legal representation from the start improves your chances of fair bail and bond terms
Need Help with Bail or Bond in Arkansas?
If someone you love has been arrested and you’re not sure what to do next, Bobby Digby Law is here to guide you. We’ve helped countless clients get out of jail quickly and affordably while building a strong defense. Don’t let confusion or fear delay your next step.
Call us today for a free consultation and let us fight to get you home where you belong.