If you need to bail them out in Delaware
Finding the person comes first. Once you know where they are, this is how getting them out works in Delaware.
Commercial bail available
In Delaware, commercial bail exists. If a judge sets money bail, it can be posted in cash directly with the court or through a licensed bail bond agent for a fee. A judge may also release the person on their own recognizance or on set conditions, so ask the court or the jail what applies before paying anyone.
Delaware allows commercial surety bail.
Under Delaware Code Title 11, Chapter 21, a person can be released on a 'conditions of release bond guaranteed by financial terms,' which the statute says may be guaranteed by a surety, property, cash, or other assets (11 Del.
C.
Sec. 2102), so a bond posted by a surety or bail bond agent is recognized.
Delaware also uses unsecured bonds (release on written conditions with no money up front) and cash-secured bonds.
Bail is typically set first by the Justice of the Peace Court; the Court of Common Pleas or Superior Court handle other cases.
Note: Delaware has enacted bail changes scheduled to take effect February 1, 2027 that add presumptions favoring cash-only secured bonds for certain serious offenses; as of 2026, commercial surety bail bonds remain available.
Where a surety bail bond is used, the bail bond agent charges a non-refundable premium (a fee for posting the bond, in practice commonly around 10% of the bond amount). Bail bond agents in Delaware are licensed through the Delaware Department of Insurance.
The person’s rights. The person in custody has the right to talk to a lawyer about their case, and if they cannot afford one, the court can appoint a public defender.