Kitsap County – Posting Bail

Posting bail allows a defendant to be released from custody while awaiting court proceedings. In most cases, posting bail prior to Arraignment can put the defendant in a better position from the outset of the case. However, where the person has yet to be arraigned and the bail amount is extremely high, it is important to get a private attorney on board prior to Arraignment to have the best options to argue for a reduction in bail or to waive bail altogether. 

Unfortunately, since public defenders are not assigned until Arraignment or shortly thereafter, a strong argument for reducing bail or releasing on PR is best made by private defense attorneys.

If the defendant wants to bail out prior to Arraignment, the two options are cash bail or hiring a bail bond company. Be sure to contact a private defense attorney prior to bailing out of jail. In rare circumstances, your attorney may want the accused to wait until Arraignment to argue bail. 

Additionally, when a defendant bails out prior to court, there are occasions when District Court will not place your Arraignment on the next court calendar. Furthermore, if you bail out, the prosecutor may “decline charges” prior to Arraignment and refile the case many months later (to avoid running speedy trial clock). This delay can cause a lot of problems depending on the nature of the case and whether the defendant plans to remain in Kitsap County.

In Kitsap County, if your pending criminal charge relates to a DUI and you have prior DUIs, you will most likely have a “no bail hold,” which means you cannot bail out until you have been arraigned. Additionally, if your case involves the special allegation of domestic violence, you will also be held on a no bail hold. In most other cases, you can choose to bail out before or after your arraignment. 

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In Kitsap County, for the most part, there are predetermined bail amounts based on a bail schedule. If you bail out before your Arraignment, the amount set at the time of your booking is the amount you must post.

If you appear at your Arraignment prior to bailing out, you may be able to have your bail reduced or waived. However, if the court finds out that you have criminal history that law enforcement did not know at the time of your arrest or the court learns of extraordinary or egregious facts about the pending case, your bail could be increased.

If you use a bail bondsman to assist with your release from jail, the typical fee for this service is ten percent. For example, if your DUI bail is $5000, you will have to pay a non-refundable fee of $500 (10% of $5,000) to have the bail company post bail on your behalf.

If you are posting cash bail during courthouse business hours, you will go to the Clerk’s office. If the criminal charge is a misdemeanor or, in the case of a DUI, a gross misdemeanor, you will go to the District Court Clerk’s office. If the criminal charge is a felony, you post bail at the Superior Court Clerk’s office. 

You must go the jail, which is directly behind the courthouse. There is a large parking lot that you will walk through (you cannot park in this lot) to get to the jail entrance. There is a small metal box on the wall to the left of the door. You need to push the buzzer and someone from the jail will come to the door. If you come during a busy time or the jail is short staffed, you may need to wait at this door for awhile until a corrections officer can come to the door. 

Please note, the court clerks or jail staff will only accept cash or cashiers check. You cannot use a credit card or personal check.

If you or a loved one is facing a DUI, Domestic Violence or other misdemeanor or gross misdemeanor charge in Kitsap County, Poulsbo, Port Orchard, or the City of Bremerton, reach out to our office. We are here 7 days a week to help! (360) 792-1000.

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