Washington Bail Process: What Families Should Know

When someone is arrested in Washington, one of the first questions families ask is: How do we get them out?

Bail can be confusing and overwhelming—especially when time is of the essence and emotions run high. Understanding how bail works can help families act quickly and confidently to bring their loved one home.

If someone has been arrested in Washington, don’t wait to get answers. Contact Glisson Legal today or call (360) 526-8191 for immediate guidance from a criminal defense attorney who knows how to protect your rights.

What Is Bail and Why Does It Exist?

Bail is money or property used as a promise that a person will return to court after being released from jail.

If they attend all required hearings, the bail is returned. If they fail to appear, the court can keep the money and issue a warrant for their arrest.

In Washington, bail serves two primary purposes:

To ensure the accused person appears in court.
To allow them to stay out of jail while the case moves forward.

Bail isn’t meant to punish anyone. It’s simply a way to ensure the person will return to court.

How Bail Is Set in Washington

After an arrest, a judge or court commissioner determines whether bail is appropriate and sets the amount.

The decision depends on several factors, including:

The seriousness of the charges
The person’s criminal history
Whether they’re considered a flight risk
Whether they pose a danger to others

At the first court appearance—called an arraignment—the judge may:

Release the person on their own recognizance (a promise to appear, with no money required).
Set a specific bail amount.
Deny bail in rare cases involving serious or violent offenses.

An experienced criminal defense attorney can argue for a lower bail or even for release without bail.

Ways to Post Bail in Washington

There are several ways to post bail, depending on your financial situation and the court’s requirements.

1. Cash Bail

You pay the full bail amount directly to the court or jail.

The money is held until the case ends.
If all court appearances are made, the money is refunded (minus administrative fees).
If the person fails to appear in court, the money is forfeited.

2. Bail Bond

If you can’t afford to pay the full amount, you can go through a bail bond company.

You pay a non-refundable fee, usually about 10% of the bail amount.
The company posts the full bail and promises to pay if the person doesn’t appear in court.
The bond company may require collateral, such as a car or property, to secure the agreement.

3. Property Bond

In some cases, the court allows property to be used as bail.

The property must usually have equity equal to or greater than the bail amount.
If the defendant fails to appear, the court can take ownership of the property.

4. Personal Recognizance (PR) Release

No money changes hands. The person is released based on a promise to appear and follow court conditions.

This option is more common for first-time or low-risk defendants.

Can Bail Be Reduced or Changed?

Yes. After bail is set, the defense lawyer can request a bail review hearing to ask the court to reduce the amount or change the release conditions.

At this hearing, the attorney may present:

Family and employment ties
Lack of prior criminal history
Community involvement
Other reasons showing the person isn’t a flight risk

Courts sometimes agree to reduce bail or allow electronic home monitoring as an alternative to jail detention.

Getting Bail Money Back

If bail was paid directly to the court:

It’s typically refunded once the case is over, even if the person is found guilty, as long as they appeared at every court date.
Refunds usually go to the person who posted the bail, not the defendant.
The process can take several weeks after the case closes.

If a bail bond was used:

The fee paid to the bail bond company is not refunded.
Collateral, if any, is returned once the case ends and all appearances are complete.

Common Mistakes to Avoid

Families under stress often make quick decisions that can cost them money or harm the case. Avoid:

Posting bail before speaking with an attorney. Legal counsel may be able to get bail reduced or negotiate release conditions.
Using a bail bondsman without understanding the fees. That money isn’t refundable.
Ignoring court dates. Missing even one hearing can result in forfeiting bail and a new arrest.

The Role of a Defense Attorney in the Bail Process

A defense attorney can make a significant difference in how bail is handled. They can:

Advocate for release without having to pay cash bail
Request lower bail based on personal or financial circumstances
Help ensure bail money is returned
Guide families through every step of the process

A calm, informed approach can make a stressful situation much more manageable—and it starts with trusted legal help.

Western Washington Criminal Defense Lawyer

Bail decisions happen fast, and every hour counts. Whether you’re posting bail for a loved one or facing charges yourself, having the right attorney matters.

Contact Glisson Legal or call (360) 526-8191 for immediate legal guidance. Our team helps Washington residents understand their rights, navigate the court system, and take action toward the best possible outcome.

Learn more about how we defend those facing criminal charges on our criminal defense page.