Address:
190 NW 4th St.
Corvallis, OR 97330
Phone:
541-766-6866
What kind of bonds are accepted in Benton County?
Who can set bail in Benton County?
When is bail set in Benton County Oregon?
Yes, Benton County does have bail, but not in the traditional sense. Bail, also called a “security release agreement”, can be either personal recognizance or cash or a cash bond.
The State of Oregon does not allow a commercial entity to make money on securing a bond so there are no bail bond companies.
Pay the full bail amount in cash from the defendant, family or friends, or, Cash percentage in lieu of bonds. If the bond order permits, the defendant pays 10 % of the bond amount to the jail or court, which then holds the money until the case is over. 85% of the paid amount is returned if the defendant is acquitted or the case is dismissed with the remaining 15% to cover court costs. The defendant, family or friends can sign off on the bond.
Oregon uses a predetermined bail schedule, so an officer can determine bail at booking. For more serious crimes, a judge is required to set the bail at the first appearance/arraignment.
For less serious and non-violent crimes bail is set according to a bail schedule and this information will be made available during the booking process. For cases requiring a judge to set bail, a hearing will be set within 36 hrs. of arrest, not counting weekends or holidays.
Bail is what the arrested in Benton 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 Benton 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 Benton 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 bond payment is always written to the court in your municipality, Benton County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
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.
(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, Benton County does have bail, but not in the traditional sense. Bail, also called a “security release agreement”, can be either personal recognizance or cash or a cash bond.
The State of Oregon does not allow a commercial entity to make money on securing a bond so there are no bail bond companies.
Pay the full bail amount in cash from the defendant, family or friends, or, Cash percentage in lieu of bonds. If the bond order permits, the defendant pays 10 % of the bond amount to the jail or court, which then holds the money until the case is over. 85% of the paid amount is returned if the defendant is acquitted or the case is dismissed with the remaining 15% to cover court costs. The defendant, family or friends can sign off on the bond.
Oregon uses a predetermined bail schedule, so an officer can determine bail at booking. For more serious crimes, a judge is required to set the bail at the first appearance/arraignment.
For less serious and non-violent crimes bail is set according to a bail schedule and this information will be made available during the booking process. For cases requiring a judge to set bail, a hearing will be set within 36 hrs. of arrest, not counting weekends or holidays.
Yes, your attorney may file a request to reduce or modify bail.
If bail is set 10% must be paid prior to your release. This can be paid by you, family, or friends. Oregon does not allow the use of bail bond agents.
Oregon counties do not currently offer online payment of bail. All payments must be made in person at the county jail where the defendant is being held. Go to the Benton County Jail for more information about the jails in Benton 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 Benton County Jail for more information about posting bail in Benton 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.
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
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.
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 to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
All bonds are processed through the courts and efforts are being made nationwide not to detain someone on lesser charges due to the inability to pay bail.
Since bail bond procedures in Benton County and Oregon are subject to change, it’s best to call Benton County Jail at 541-766-6866, or the court in the applicable jurisdiction (Municipal Court, District Court, etc.), right after an arrest has been made to get updated information.
You should ask the staff at Benton County Jail or the Benton County Court Clerk the following questions:
If the bail amount seems high, contact a lawyer or the defendant’s public defender to explore the possibility of a bail reduction. Starting the process early can help secure the release sooner.
The process can be smoother with a criminal attorney or bail agent handling the details for you.
Option 1 - How to Post Cash Bail at Benton County Jail
A cash bond requires the full bail amount to be paid in cash, cashier’s check, or money order. Personal checks are not accepted.
Bail amounts can vary from $100 to $75,000 or more depending on the crime.
You can post a cash bond at Benton County Jail or the court where the bail hearing occurred. Going to the jail directly will expedite the release process, as paperwork from the court must be processed at the jail.
Cashier’s checks and money orders should be made out to Benton County Jail, the Benton County Sheriff’s Office, or the Benton County Court.
Money orders can be obtained at Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond at Benton County Jail
If you don’t have the full bond amount, a surety bond is an option. A bail agent posts the bond, and you pay the agent a premium, which is typically 10-15% of the bail amount.
For example, if bail is set at $5,000, the premium would range from $500 to $750.
The bail agent may require collateral such as property, a car, or valuables to ensure compensation if the defendant skips court.
By signing with a bail agent, you take responsibility for the full bail amount if the defendant fails to appear in court.
Option 3 - How to Post a Property Bond at Benton County Jail
Property owners in Benton County can post a property bond using real estate as collateral. All owners must be present to sign the bond documents.
For properties outside of Benton County, consult a local bail agent or attorney for assistance.
Click here for more details on posting bail at Benton 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 Oregon state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
