Delaware Bail Bond Calculator

Bail bond agents in Delaware

Surety bail agents are licensed by the state and appointed by an authorized surety insurer. (18 Del. C. § 4332(18))

“Surety bail agent” means a person required to be licensed under the laws of this State to sell, solicit or negotiate contracts of surety bail bond insurance and appointed by a surety insurer that is authorized to transact business in this State to sell, solicit or negotiate contracts of surety bail bond insurance.

For surety bail bonds over $1,000 the filed premium must be at least 5 percent and no more than 10 percent, and the agent must collect at least 5 percent before posting the bond. (18 Del. C. § 4347(b))

With regard to any surety bail bond in excess of $1,000, the total filed premium for a surety bail bond shall be at least 5% and not more than 10%. It shall be unlawful for a bail agent to post a surety bail bond without first charging and receiving at least 5% of the surety bail bond amount

Cash bail in Delaware

A court may require a conditions-of-release bond secured by cash only. (11 Del. C. § 2102(7))

“Conditions of release bond guaranteed by financial terms secured by cash” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by cash only.

Note: From February 1, 2027, 11 Del. C. § 2105 creates a presumption in favor of release with nonmonetary conditions and makes the court set the lowest financial amount it deems necessary.

How bail is set in Delaware

The state constitution makes all persons bailable by sufficient sureties before conviction, with listed exceptions beginning with capital offenses when the proof is positive or the presumption great. (Del. Const. art. I, § 12)

All persons, before conviction, shall be bailable by sufficient sureties, except as follows: (1) For capital offenses when the proof is positive or the presumption great.

If a court date is missed in Delaware

If the court finds the defendant in default and forfeits the bond, the proceeds go to the State Treasurer for the General Fund. (11 Del. C. § 2115(a))

If the defendant shall fail to appear as required or be found in breach of a material condition of release imposed by any court, except the House Sergeant of the Wilmington City Police, while under a bond, and the court pursuant to this chapter or court rule finds the defendant in default and forfeits the bond, the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund.

Note: Version effective until February 1, 2027; the February 1, 2027 version is nearly identical.

For the rest of what can follow a missed date, see missed court in Delaware.