BY | November 6, 2023

Bail bonds have existed since the late 19th century and most Americans who are arrested have the right to post bail. However, all territories have their local regulations in place regarding how this can happen. As such, knowing what states use bail bonds and what states don't have bail bonds could be vital information if you or a loved one has been arrested.

Over 7 million Americans were arrested in 2022 while the figure stood at over 10 million annually before the pandemic. Here’s all you need to know about using the bail bonds process should this happen to you. 

Bail Bonds Ban: In Which States Are They Outlawed?

The use of commercial bail bonds is commonplace in most states, giving defendants the opportunity to use professional bondsman services to secure a quick release from custody. However, there are a total of eight territories where they are prohibited. 

If you’re wondering what states do not allow commercial bail bonds, they are as follows;

• Illinois
• Kentucky
• Maine
• Massachusetts
• Nebraska
• Oregon 
• Washington D.C.
• Wisconsin

What Alternatives do States without Bail Bonds Use?

Being arrested in a state where bail bonds are outlawed doesn’t mean you are out of options. 

Generally speaking, defendants in territories where commercial bail bonds are not permitted will need to pay the courts the entire bond amount without turning to a bail bondsman. Depending on the state, they can do this by one of the following methods;

• Posting the cash bail amount.
• Setting up a payment plan with the courts to cover the full bail figure.
• Use a signature bond, which involves having a relative pay the bond.
• Utilize property or other assets as collateral against the bail figure.
• Via On Recognizance (OR) for a no-fee release following a document signature.

However, with bail figures for felony charges often standing at over $20,000 (many studies suggest $50,000 as an average), the above options are not always viable. Consequently, many people who are arrested in a state where bail bonds are outlawed decide to remain in custody until their trial date arrives.

What Do States Do Instead of Bail Bonds that Don't Have Cash Bonds?

Knowing what states do not have bail bonds and some of the possible alternatives is one thing, but knowing exactly what happens in a specific state is the key to securing a release from jail in those locations. 

Therefore, it’s important to take a closer look at each of the eight states. Here’s how each of them operates;

• Illinois

When looking at what states do not have bail bonds, Illinois is often the first point of interest due to its strict rulings that also extend to attorneys and state employees. Any defendant who wants to be released from custody must pay 10% of the total bail fee directly to the circuit court. Following this, they must quickly pay the rest of the bail fee to retain their pretrial freedom.

• Kentucky

The Bluegrass State was the first to ban commercial bail bonds, as well as bounty hunting, prohibiting them in 1976. A full cash bail amount can be posted by relatives for misdemeanors while felonies operate with a 10% figure paid to the circuit court. Property bail bonds are also an option, although the value of the asset must be twice that of the cash bail amount.

• Maine

When arrested in Maine, most defendants are permitted to post bail via cash or properties that are valued at at least the same amount of the cash fee and are located within the borders of Maine. Bail fees are completely forfeited when a defendant fails to appear at a hearing. It should also be noted that the Pine Tree State does not allow bail for some of the most serious offenses. 

• Massachusetts

In Massachusetts, a defendant’s first court appearance is observed by Bail Commissioners, who will determine whether bail is available. If it is, a $40 fee must be paid directly to the courts. An On Recognizance agreement may be offered to individuals who qualify for it, as long as they sign a document agreeing to meet their bail requirements. In some cases, though, defendants are held without bail - or the $40 fee.

• Nebraska

Nebraska’s laws regarding bail state that the defendant can pay a non-refundable premium equal to 10% of the bond amount, which then goes to the jail. In this sense, the courts essentially provide an internal bail bonds service. There is also the opportunity to pay the full cash bond, which will be returned following the trial if the individual has the financial capability to do this.

• Oregon 

The Beaver State also operates a system where the jail serves in the role of bail bondsman. A 10% bond (compared to the full cash bail fee) can be posted to secure a pretrial release. Following completion of the trial, 15% of the fee is held back to pay for the court costs while the other 85% is returned. Alternatively, the full bail figure can be posted through cash bail and can be returned.

• Washington D.C.

In Washington D.C., defendants are not required to make any payment to secure their pretrial release. Instead, arrested parties are entitled to stay free until their trial, as long as they sign a document to confirm they will attend hearings. The exception to this is when a defendant fails to attend a hearing. They will then need to pay a $100 fee for their release following their re-arrest. 

• Wisconsin

Wisconsin is another state where bail bonds are outlawed but friends and relatives can help the defendant secure their pretrial freedom by posting a surety. This is a fee that is equal to 10% of the full bond amount but will be forfeited if the defendant fails to meet any of the conditions set by their bail agreement. Again, individuals can post cash bail on their own behalf if preferred. 

States Without Bail Bonds: An Uncommon Practice

By now, you should be able to answer questions like “What states are bail bonds illegal in?” and “What alternatives do individual states use to bail bonds?”. However, you may also be wondering why they do this.

The proposed benefit is that removing the third party creates a better financial situation for the courts and the defendant, who can receive their full bail fee back if they satisfy the conditions. Sadly, it is simply not viable for a large percentage of individuals. 

However, state prison overcrowding has been an ongoing problem for many years. When defendants are unable to secure their release through direct cash bail to the courts, this only makes matters worse. Not to mention it causes people to lose their freedom between their booking and trial. 

Given that bail bonds services allow defendants to gain their freedom for a premium that’s equivalent to 10% of the cash bail figure, states including California continue to welcome bail agreements made via bondsman services.

If you need help posting bail in California, Alana’s Bail Bonds can post the full fee for you or on behalf of a loved one. To find out more, contact us 24/7 for a quick solution now.