How Bail Bonds Work In Montana

How bail bonds work in Montana is an especially important topic if you or your loved one is facing criminal charges in Montana, a bail bond is the only ticket to a quick and smooth jail release. This document is usually presented in the court of law to secure the …

How bail bonds work in Montana is an especially important topic if you or your loved one is facing criminal charges in Montana, a bail bond is the only ticket to a quick and smooth jail release. This document is usually presented in the court of law to secure the defendant’s freedom. Conversely, it also ensures that the defendant doesn’t skip the obligatory court hearings lest the court issues a bench warrant for their arrest, which at the time they’ll be considered, by law, a fugitive.

How bail works in Montana is simple. Once you’ve been arrested you’ll be sent to court to determine the bail amount based on your alleged crime(s). Using a Montana bail bondsman will cost you only 10% of the entire bond. This means if your bail is $10,000 then you will only need to pay $1,000 to get out of jail.


If you need to post Montana bail, be sure to contact the best Montana bail bonds company. Either call or fill out an emergency bail form and have a Montana bail bondsman help you get out of jail fast! We spoke with Montana Bail Bonds and he was able to explain how bail works in every county in the state.

Skipping bail in Montana in turn opens up new problems for the defendant and the co-signor of the Montana bail bond. So how do bail bonds work in Montana… keep reading.

An in-depth look at how bail bonds work in Montana

Once you’re arrested, as the defendant, the local court jurisdiction of Montana sets a bail amount for your release. To regain freedom, or rather to avoid remaining in custody, you will need indemnity or a co-signer (a loved one in this case) to make arrangements with an agent to post a bail bond on your behalf. Bail bonds secure your release but also guarantees your appearance in court. At that time, the co-signer pays 10% of your bail amount for your release.

Only 10% of the bail amount is required to set you free. The remaining 90% of the bond is for you, the defendant, to pay. In case you default or fail to appear in court, that’s where the co-signer or an indemnitor comes into the equation. They must guarantee to pay the full bail bonds Montana amount if you fail to appear in court by signing a contract with the bonding company; otherwise known as the bail bond agreement.

To secure the bond guarantee, the court often asks the indemnitor to leave behind physical collateral. So it is prudent to look for a responsible indemnitor or co-signer that will honor to pay the bail bond amount in full in the event you fail to appear in court. Keep in mind that you as the defendant, are now a fugitive from justice and that the person who signed off on your bond is now left to pay the entire bond amount plus any additional fees charged by the bail bondsman for having to capture you and bring you back to jail.

Montana Bail Bonds Collateral Process

The collateral process in Montana is relatively simple. The indemnitor or co-signer is always asked to produce anything valuable to secure the defendant’s release such as jewelry, title deed of a car/property, or sometimes cash. The collateral is then returned as and when the defendant honors the bail amount premiums in full.

How is Montana bail determined?

Bail is dependent on many things. Initially, the county you’re in, and the bail schedule guidelines of Montana matters a great deal. Also, the defendant’s overall potential flight risk, their criminal history, personal character, the weight of their evidence, and the nature (and seriousness) of the charges can appropriately determine their bail bonds Montana amount.

When Will My Friend be Released From Jail in Montana?

The time it takes to be released from a Montana jail once payments are done also depends with the time the agent completes the bail paperwork (usually an hour). Then the release time from jail can take anywhere between half an hour to two days, of course, this also depends on the Montana jail you’re remanded in.

Wondering how bail bondsmen and bounty hunters are governed in Montana? Read the following PDF on Montana Bail Bond Agents rules.

As stated from Montana Code Annotated 2014 for 3-1-516. Bail Bond – Montana bail bond laws:

3-1-516. Bail bond form and conditions of: When a direction to release the person arrested on bail is contained in the warrant of attachment or endorsed on the warrant, the arrested person must be discharged from the arrest upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge or the sureties will pay, as may be directed, the sum specified in the warrant or ordered by the court or the judge.

Video: How Bail Bonds Work in Montana

Montana Bail Bonds Information


Do you get your bail money back in Montana?

If you pay “cash” to the county court and pay the full amount of the bond, then yes you will get all of your money back (less court fees and fines). If you use a bail bondsman, they charge 10% of the bond – this is called the bail premium and this money your will not get back.

Can you bail yourself out of jail Montana?

Yes. Any person with the funds to pay the full cash bail or a bail bond can bail themselves out of jail.

What is an appearance bond in Montana?

A surety bail bond is an appearance bond only. It cannot be held or forfeited for fines, restitution, or violations of release conditions other than failure to appear. Montana Title 46. Criminal Procedure § 46-9-503

What does no bond mean in Montana?

No bond or a no bond hold means that the person cannot currently bond out of jail. This is determined for crimes such as a first-degree felony or a crime punishable by life or a violation of probation.

How old do I have to be to bond someone out of jail in Montana?

To bond someone out of jail in Montana the cosignor must be at least 18 years old.

What is a failure to appear in Montana?

A Failure to Appear means the defendant has not gone to court – it’s at this time a bench warrant will be issued. Montana law: 46-6-212. Failure to appear following summons or notice to appear. (1) If, after the issuance of a summons or notice to appear, the judge becomes satisfied that the person has not appeared or will not appear as commanded, the judge may at once issue an arrest warrant.

What happens if you miss a court date in Montana?

If you fail to go to any court hearing or meetings, you will be issued a warrant for your arrest. It’s at this time the bondsman will hire a bounty hunter to bring you back to jail.