State vs. Federal Bail

Federal Bonds vs. State Bail Bonds

State bail bonds, and Federal bonds are actually incredibly different, however, they are often confused. State bail bonds are regulated by their respective state, and rely upon a set bail schedule, whereas Federal bonds are not. In a lot of state cases, a defendant can secure their freedom by utilizing a state bail, before attending their trial.

When a defendant has been charged with a federal crime, they must appear before a Magistrate before a bail can be established. A Magistrate has the absolute power to release a defendant on their own recognizance, apply unrestricted bail, or even a bail with restrictions. Some of the restrictions that could apply include, travel prohibition, gainfully seek employment, mandatory drug and/or alcohol testing, and even submitting to psychological, or psychiatric testing. Federal bonds do not have a set bail schedule, like state bail does. The bail amount is left totally to the discretion of the Magistrate. It is also natural to assume that a federal bail will indeed be much higher than that of a state bail.

Currently, there are approximately 4,500 crimes that can attract federal prosecution. Some examples of federal crimes include:

  • Customs Violations
  • Kidnapping
  • Tax Evasion
  • Bank Robbery
  • Counterfeiting
  • Mail Fraud
  • Organized Crime
  • Importation of Illegal Drugs

These are just a very few of the serious crimes that will automatically attract federal charges.

When someone has actually been arrested for a federal crime, it is normal for their bail bond to cost 15% of the entire bail amount, unlike 10% in a lot of state bail bonds cases. For example, if $50,000 is the amount set on the federal bail, then a federal bail bond will cost $7,500.  Federal bail bonds normally take longer to process than state bail bonds, and therefore require more work from the bail bondsman.  The rate that a federal bail bonds company can charge is regulated, much the same as with state bail.

If you or someone you know is charged with a federal crime, it is imperative that you contact a reputable, and experience bail bonds company. Federal charges are not something you should attempt to handle on your own.