Two jobs, one deadline
| Bail agent | Defense attorney | |
|---|---|---|
| Can post the scheduled amount | Yes, day or night | No |
| Can ask a judge to lower it | No | Yes |
| Can argue for OR or supervised release | No | Yes |
| Can address holds and warrants in other courts | Only by posting where a bond applies | Yes, by appearing |
| Available before arraignment | Immediately | Depends on retention |
Why the first 48 hours matter
Arraignment generally happens within 48 hours of arrest, excluding Sundays and holidays. That hearing is the first realistic chance to argue for a reduced amount or release on conditions. Counsel who is retained the night of the arrest arrives with employment records, treatment enrollment, and community ties. Counsel retained the following week arrives after the number has already been set.
When to post immediately anyway
- The scheduled amount is affordable with financing — posting now beats waiting two days for a possible reduction.
- The defendant has a job or caregiving obligation that a two-day absence destroys.
- There is a medical or safety concern with the custody stay.
- The case is likely to resolve early and custody adds nothing but harm.