The process of being arrested does not get better with time. After the initial booking and holding cell placement, suspects must face a judge during a procedure called an arraignment. At that time, the judge hears the charges and asks the detainee to enter a plea. If that plea is 'not guilty,' then a court date is set for a formal trial. Since this date could be months or years away, the judge must also decide if the accused person is trustworthy enough to remain out of custody before the trial.

In order to create a financial incentive to return to court voluntarily, courts routinely ask for bail money commensurate with the seriousness of the charges. A person charged with murder, for example, may be given a US$500,000 bail, meaning the person is liable for the total amount if he or she fails to appear in court. Most people cannot afford the total amount of bail, so they or their families must contract with a specialist called a bondsman to arrange for bail bonds.

Bail bonds are surety bonds used to guarantee the entire bail amount if the accused party fails to maintain the terms of his or her release. A bail bondsman generally pays the court a large 'blanket bond' to cover multiple clients, then charges each client 10% of his or her total bail figure as a cash guarantee. These cash bonds are considered bail bonds and are generally non-refundable if obtained through bail bondsmen. The main benefit to the client is not having to spend all of his or her time in an unpleasant cell until the trial date.

Bail bonds can be obtained in most areas of the United States 24 hours a day, 7 days a week. Bail bondsmen generally stay available on an 'on call' basis whenever they are away from their offices. The concept of bail bonds for the release of jailed individuals is generally limited to the United States. Many other countries have other methods for creating financial or moral incentives for accused parties to appear in court. Because a number of people intentionally skip town after posting bail bonds, there is also a need for a unique occupation called a bounty hunter. Private individuals can be hired by bail bondsmen to track down and return those clients who fail to appear in court.

Because bail bonds issued by private bail bonding agencies can be non-refundable and excessively expensive, many court systems have created an alternative for accused people and their families. In lieu of the entire bail amount, a 10% cash bond can also be accepted by the court directly. This is the same situation which created the need for bail bondsmen in the first place, but families with the means to generate cash no longer have to go through an intermediary. In essence, bail bondsmen work much like other short-term, high-interest lending institutions. The repayment terms can be brutal.

Several states have already banned the practice of bail bonds, and more may follow in the future. The financial disadvantages to the accused and his or her family seem to outweigh the potential benefits of release until trial. The 10% cash bond option issued by the court is refundable as long as the accused appears in court without incident. Bail bonds issued by private companies may have even more stringent conditions, since the bail bondsman would be held financially responsible for the entire bail amount if clients should fail to appear.