What is the process to bail someone out of jail? How long does it take?

There are two types of bail:

First is “Personal Recognizance” bail, which is when a Bail Commissioner or Judge releases you on a set amount and you simply sign your name promising you will show up for court at a select date and time. If the person fails to show up to court then that specific amount, i.e. $1,000 P.R., can turn to $1,000 cash bail.

Second is “Cash” bail, which means the person must post a specific amount of cash in order to be released. If the defendant is arrested outside court hours (M-F 8-4) and Cash bail is requested then he/she is transported to the Strafford County House of Corrections where he/she will remain until they are arraigned via video at 1045 hours the following day (Saturday, Sunday and Holidays are excluded).

The only two exceptions to the bail rule are if someone is arrested for Fugitive of Justice OR Violation of an Order of Protection. In both cases bail for the Defendant can ONLY be set by a Judge or Magistrate of the court.

In most instances the defendant is arrested then read an eligibility for request of bail form, which he/she will sign stating he/she requests the services of a Bail Commissioner. Once the BC arrives bail is set and he/she is free to leave. This entire process costs $40 and takes roughly 60 minutes. If the arrest is made during court hours it is done at the 7th Circuit Court Dover-Division and there is no fee.