Address:
1010 Main Street
Miles City, MT 59301
Phone:
406-874-3320
Bail is what the arrested in Custer County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Custer County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Custer County Jail until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.
Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.
Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Yes, Custer County recognizes most types of bonds.
Custer County permits five types of bonds:
• By a deposit with the court of an amount equal to the required bail of cash, stocks, bonds, certificates of deposit, or other personal property approved by the court.
• By pledging real estate situated within the state with an unencumbered equity, not exempt, owned by the defendant or sureties at a value double the amount of the required bail.
• By posting a written undertaking executed by the defendant and by two sufficient sureties.
• By posting a commercial surety bond executed by the defendant and by a qualified agent for and on behalf of the surety company.
• By posting an offender's driver's license in lieu of bail if the summons describes a violation of any offense as provided in 61-5-214 and if the offender is the holder of an unexpired driver's license.”
For most non-violent crimes bail is preset according to a bail schedule. More serious and violent crimes require a defendant to appear in front of a judge who will determine bail amount.
For most non-violent crimes bail is preset according to a bail schedule and that information is available during the booking process. More serious crimes will require a hearing in front of a judge. This hearing, also known as a bail hearing, will generally be scheduled for the next court day. State law requires the bail hearing to take place within 48 hrs. not counting weekends or holidays.
Yes, your attorney can request a bail or bond modification.
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of Montana could be the surety and execute a bond to the court on your behalf.
Yes, Custer County does offer online bail payment. Contact the jail for specific information on how to pay bail. Go to the Custer County Jail for more information about the jails in Custer County.
Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Please contact the jail for specific information on what methods of payment are accepted. Go to the Custer County Jail for more information about posting bail in Custer County.
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
Yes, 'no money down bail or bond' is available in Montana. Unless you are released on own recognizance the court will require payment in full, however, some bail bond agents do offer 'no money down' bail.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
The Custer County Jail or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.
Please call the jail at 406-874-3320 for the type of bond and any information that is required for a particular individual at Custer County Jail.
A bond is set according to a court-approved schedule.
The purpose of the bond is to assure the offender's appearance in court.
Because Custer County and Montana can change their bail bond procedures, it is always best to call either the Custer County Jail at 406-874-3320, or the court in the jurisdiction (i.e. Municipal Court, District Court, etc.) where the offender was charged, right after an arrestee has been booked.
Ask the staff at the Custer County Jail or the Custer County Court Clerk these specific questions:
If you feel the bail is too high and you wish to get it reduced, contact a lawyer or the defendant's public defender and get them to look into what they can do to get a bail reduction. The sooner you get working on this the quicker you will get your loved one released.
This entire process will go smoother and faster with a criminal attorney or bail agent handling it for you.
Option 1 - How to Post Bail using Cash for a Defendant at Custer County Jail
The first option, a cash bond, is to pay the full bail amount in cash, cashier's check, or money order. Personal Checks are not accepted.
Depending on the crime, this amount could be anywhere from $100 to $75,000 or more.
To pay a cash bond, go to Custer County Jail or to the court where the bail hearing occurred. Going directly to the jail will quicken the release of the defendant as any bail paperwork processed at the court will have to be transferred to the jail.
Cashier's Checks and Money Orders may be made out to Custer County Jail where the defendant is being held, but usually to the Custer County Sheriff's Office or to the Custer County Court.
To purchase money orders visit any Western Union, Moneygram or Post Office.
Option 2 - How to Post a Private or Surety Bond for a Defendant at Custer County Jail
In the event that someone does not have the full bond amount available to him or her, there is what is called a private bond or surety bond.
This is an agreement made with a bail agent or bondsman who will post the full bail amount. In return, the defendant and/or cosigner will pay a premium to the bail agent. This premium will be 10-15% of the full bail amount.
For example, if bail is posted at $5,000, then the premium will cost approximately $500-$750.
A bail agent will often require some form of collateral, for example, a lien on a house, a car or jewelry. This is to ensure that if the defendant skips bail, or does not appear in court, the bail agent has some sort of compensation for the full bail amount being paid.
Remember, by making an agreement with a bail agent the signatory takes responsibility for paying the full bail amount if the defendant does not appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Custer County Jail
If you are a landowner in Custer County you may be able to post a property bond. Property within Custer County may be used as collateral to bail someone out. All owners of the property must be present to sign the bond in order for this to happen.
To find if property located outside of Custer County can be used as collateral, call a local bail or bond agent or contact a defense lawyer.
Click here for additional information on how to post bail at Custer County Jail.
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a Montana state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
Money or collateral will not be returned until the defendant's court case is finished, so realistically it could take several months to years, depending on the severity of the charges. If a defendant posts his or her own bail, Custer County Court may retain whatever amount of fines or fees have accumulated throughout the trial.
The Custer County Judge may order a failure to appear warrant for the person's arrest or the Judge may order a Bail Commissioner's Letter be issued that will be sent to the person with a new court date.
If cash bail was paid, the entire amount may be forfeited.
For inmates receiving mail in the Custer County Jail there are different addresses and policies depending on the inmate's status, as well as what type of mail they are receiving; personal mail, legal mail, subscriptions or books sent from a third-party such as Amazon.
All mail is to be shipped to the Custer County Jail:
Inmate's Full Name & Inmate ID#
Custer County Jail
1010 Main Street
Miles City, MT 59301
For complete information on mail policies, what you can send an inmate and what address to send them, check out our Inmate Mail page.
To send a commissary carepack (food, snacks and goods) directly to an inmate in Custer County Jail follow these steps:
For all information, tips and available items for shipping Commissary packages or sending money to an inmate in Custer County Jail check out our Commissary Instructions Page for Custer County.
To deposit money online for an inmate in Custer County Jail follow these steps:
For all information, tips and procedures for sending money to an inmate in Custer County Jail, or depositing money at the jail, over the phone or by mail, check out our Send Money Page for Custer County.
