When someone is arrested in Idaho, they will go through the jail intake process, at which point a judge will set a trial date and the bail amount required to get out of jail. After bail is set, a defendant may remain in jail until the trial begins, pay the bail to the court, or hire a bail bondsman.
The Idaho Bail Act and Idaho Criminal Rule 46 outline bail rules for the state. Idaho law allows for bail to be posted as a cash deposit, but defendants are not required to post cash bonds. Bail can be posted as a bail bond, a property bail bond, or a cash deposit (including a check or money order).
When working with a bail bond company, the defendant pays a non-refundable fee set by law. After the fee is paid, the bail bondsman enters a contract with the court to assure the court that the defendant will appear for the trial. If the defendant does not show up for their trial date, the court holds the bail bonds agent responsible and charges the agent for the full bail amount. In this case, a bounty hunter is typically hired to find and bring the defendant to trial. Bail bond companies have 180 days in Idaho to apprehend a fugitive before the bond is forfeited.
Idaho Bail Bond Cost
Bail bond fees are set by Idaho law. A bail bonds agent will charge the defendant a flat 10% bail bond fee that is not refundable. No bail bonds agent can charge more than 10% of the full bail amount, but the court may set additional fees. Many bail bond companies offer loan programs that allow defendants to use collateral to cover the fee of the bail bond premium.
If a bail bond is set at $1,000, this means the bail bond premium will be $100 — no higher.
Bail amounts and thus bail bond costs depend on the charges. Common misdemeanor cases typically have low bond amounts of $500, for example. Judges can use the Idaho Bail Schedule to set bond amounts for misdemeanors under state guidelines, or the bail schedule can be used as a starting point. A defendant’s employment status, criminal record, length of residency in the area, family ties to the community, and more can be used to consider whether he or she will likely show up for court hearings. There is no bail schedule for felonies, which are left to a judge’s discretion.
Recent Bail Bond Legislation in Idaho
In April 2016, reality TV star “Dog the Bounty Hunter” Duane Chapman said he helped stop an Idaho measure that attempted to regulate bounty hunters in the state. According to Chapman, the bill would have prevented bounty hunters from wearing badges and stopped bounty hunters licensed in other states from pursuing bail jumpers in Idaho without an Idaho license to carry a concealed weapon.
The bill cleared the Idaho House of Representatives but not the Senate after Chapman lobbied against the bill. According to Idaho Republican Representative Richard Wills, Chapman wanted a time limit on how long a felony conviction could prevent someone from getting a concealed carry permit in Idaho and carrying a weapon. Chapman is prohibited from carrying a firearm due to a 1976 murder conviction.
The law was proposed following a fatal encounter in 2015 in which Boise bounty hunters in Eastern Idaho fatally shot their target, Philip Clay, a 58-year-old man who skipped out on a $100,000 bond on felony drug charges. Christopher Schulthies fired five shots at Clay after a 90-minute briefing before his first bounty hunting operation. While Schulthies was not charged, experts criticized the shooting and the tactics used by the bounty hunting operation. According to police documents, the bounty hunters used tactics such as unlawful search and seizure, harboring a fugitive, and impersonating an officer in an attempt to bring in Clay. The group reportedly pulled over and detained civilians in their search for Clay and intimidated Clay’s family members with children present.
Clay’s mother, Patricia Holt, supported the bill, including a requirement that bounty hunters carry a special badge-like plate and wear clothes identifying them as bounty hunters. Chapman has expressed interest in working with Holt to write a new bill requiring intense training for bounty hunters in the state and a requirement to obtain a license to operate as a bounty hunter in Idaho.
Interesting Bail Bond Incidents in Idaho
- Rapper LilWayne was arrested in Boise, Idaho and booked into the Ada County Jail in 2007. According to police, Wayne was arrested after a concert on a felony warrant out of Georgia for a felony possession of drugs charge. Wayne was released the day of his arrest on a $10,000 bail bond.
- Nicholas Brendon, former Buffy the Vampire Slayer star, was arrested at a Boise, Idaho hotel on October 17, 2014. When officers arrived to a disturbance call in the lobby, Brendon was found intoxicated. He was charged with two misdemeanors — resisting or obstructing officers and malicious injury to property — and bonded out of the Ada County Jail.
- In 2015, Boise bounty hunters fatally shot their target, Philip Clay, in Eastern Idaho while allegedly using illegal and aggressive tactics. Clay was a fugitive who skipped out on a $100,000 bail bond on felony drug charges. One of the bounty hunters, Christopher Schulthies, had no experience with bail recovery and previously worked as a nightclub bouncer. The incident led to the introduction of new bail bondsman legislation in 2016 that was opposed by reality TV star “Dog the Bounty Hunter” Duane Chapman.
24-Hour Bail Bonds in Idaho
If someone you love has been arrested in Idaho, a bail bonds agent can help you secure your loved one’s release. To get a bail bond, you will need to provide the name and birth date of the defendant, a list of the charges, and the amount of the bond. Visit the application page to get started; we will work to secure your loved one’s release as fast as the system allows.