Address:
138 W Catherine Street
Darlington, WI 53530
Phone:
608-776-4870
Does Lafayette County have bail?
What kind of bonds are accepted in Lafayette County?
Who can set bail in Lafayette County?
When is bail set in Lafayette County Wisconsin?
Yes, Lafayette County imposes bail and conditions however Wisconsin is one of a few states that does not allow posting bail for profit, meaning that a court or bondsman cannot charge a percentage of the bond as in other states. There are no licensed bond agencies in Wisconsin.
The Lafayette County courts recognize cash bail or10% cash percentage bonds. In some cases, a property bond will be considered.
Bail is set by a judge in Lafayette County however if the crime is a misdemeanor and a judge not available for an immediate bail hearing, a law enforcement officer can set bail using a bail schedule.
Bail is set at the first appearance, within 1-2 days following arrest; however, misdemeanor bail is generally processed and released immediately in most cases.
Bail is what the arrested in Lafayette 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 Lafayette 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 Lafayette 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. In April of 2023, Wisconsin legislators voted on a bill that makes release on bail for certain offenses more difficult.
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.
Wisconsin courts are trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
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 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, clerk of court, bail 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 could 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 a family member or friend. 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 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, Lafayette County imposes bail and conditions however Wisconsin is one of a few states that does not allow posting bail for profit, meaning that a court or bondsman cannot charge a percentage of the bond as in other states. There are no licensed bond agencies in Wisconsin.
The Lafayette County courts recognize cash bail or10% cash percentage bonds. In some cases, a property bond will be considered.
Bail is set by a judge in Lafayette County however if the crime is a misdemeanor and a judge not available for an immediate bail hearing, a law enforcement officer can set bail using a bail schedule.
Bail is set at the first appearance, within 1-2 days following arrest; however, misdemeanor bail is generally processed and released immediately in most cases.
Yes, your attorney can request a bond reduction.
The person posting bail could be the defendant, 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 Wisconsin could be the surety and execute a bond to the court on your behalf.
Yes, Wisconsin does offer online bail payment. For misdemeanor cases, a law enforcement officer can accept bail and the clerk of court can process all bail/bonds. Please contact the jail for specific information on how to pay bail: Go to the Lafayette County Jail for more information about the jails in Lafayette County.
Most all jail and courts accept cash, a cashier or bankers’ check. Wisconsin accepts credit card payment. Please contact the jail for specific information on what methods of payment are accepted. Go to the Lafayette County Jail for more information about posting bail in Lafayette 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.
Wisconsin does not permit persons to secure a bond for profit so neither a bondsperson nor a court can charge a fee for executing a bond.
Since bail bond procedures in Lafayette County and Wisconsin are subject to change, it’s best to call Lafayette County Jail at 608-776-4870, 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 Lafayette County Jail or the Lafayette 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 Lafayette 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 Lafayette 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 Lafayette County Jail, the Lafayette County Sheriff’s Office, or the Lafayette County Court.
Money orders can be obtained at Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond at Lafayette 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 Lafayette County Jail
Property owners in Lafayette 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 Lafayette County, consult a local bail agent or attorney for assistance.
Click here for more details on posting bail at Lafayette 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 Wisconsin state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
