Misdemeanors & Out-of-State Residents

This is a tricky topic with many layers. The short of it is this: If you live out of state and get arrested on a misdemeanor, you should expect two things. One, it is going to be next to impossible to find anyone to post your bond. Two, you should expect to pay a higher premium for the service if you do find a bail agent willing to post it.

Why is it so difficult? This is due to the difficulty of bringing bail jumpers to justice if they are across state lines on misdemeanor charges. There are more legal hoops the bail agent or bail enforcer must jump through to get the defendant back to the court's jurisdiction. The added legal hoops add both time and expense to the bail agent, and due to this risk, if you do find someone willing to write, it will mitigate the possibility of these added expenses by collecting more on the front end. Keep in mind that all premiums and fees are nonrefundable regardless of the outcome.

What happens legally? Well, the agent or surety company has no choice but to file felony bail-jumping charges to transport you across state lines legally. You have now turned an $850 misdemeanor bond into a $10,000 or more, felony bond, which will now require an attorney and carries time in the state penitentiary if convicted. Not a wise move.

So, if you think you do not have to return to court on a misdemeanor because you live out of state, think again.