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Bail Bond Facts!
What is a bail?
A bail is a property or money given as surety that a person released from custody will return at an appointed time. This grants or obtains the liberty of a person under arrest on security given for his or her appearance when required, as in court for trial. The bail process is quite confusing at first. It is a complicated process yet let us try to simplify things a bit. A step by step discussion will be provided below.
STEP ONE: The bail is set. After a person is arrested, a judge will be the one to decide on the amount of bail. The amount will depend on the severity of the crime committed or if the accused has a previous crime record. Other factors that influence bail accounts are; ties to the community, whether the defendant is employed and if the accused poses a threat to the society.
STEP TWO: Ask help by enlisting. In this step, a bonds man must be contacted. A bonds man is significant because they bargain or negotiate with the court well. They know their way around the legal aspects. He or she is considered a liaison. An agreement will be signed to ensure the presence of the accused in a scheduled time decided by the court. A friend or family member may be needed to contact a bonds man from a bail bonding agency.
STEP THREE: Collaterals should be obtained. When a demanded monetary amount is too much to handle, collaterals can be given to serve as bail. Collaterals are considered items of value that ensures your presence in court and secure repayment. Examples of collaterals are houses, cars and jewelry.
STEP FOUR: The accused must and should appear in court. A defendant should present himself or herself to the court in penalty of law when a court date is set. If an accused does not show up on the scheduled time, all collaterals would be lost and handed over to the government. In addition, the defendant will be hunted until caught.
STEP FIVE: Talk with a bail bondsman. There are unavoidable circumstances that may cause a defendant to not make it to a court date. Tell the bonds man about it and allow him or her to negotiate with the court. Rescheduling will be done once the court and the bonds man make the agreements.
STEP SIX: A verdict will be decided by the judge. A defendant should accept whatever decision the court made. Whether pronounced guilty or not, a defendant’s collateral will be given back immediately after the court trial. The bonds man will demand payment for the services done.
If the person accused does not join the future court proceedings, he could be tracked down and sent back to jail, and additionally, lose the collateral signed over to the bond agent. However, as long as the defendant meets all conditions of the bond, there shouldn’t be any complications with this kind of arrangement. Finally, once the defendant’s trials are over, the agent will no longer be obligated to the bond, regardless if the defendant is found innocent or guilty.
Bail bonding. Not many can grasp the idea of it so easily. To have clearer perception of the concept, the bail process should be explained first. It all begins with an arrest. The suspect will be placed in jail for allegedly committing a crime, and the schedule for a bail hearing will be set. During this hearing, the judge will determine if a bail should be set, and how much the bail would be. If the suspect can pay this amount, he is granted temporary release from jail. Once all hearings for his case have been completed, the bail amount is returned to the person of the accused crime, minus the court and administrative fees. However, according to data from the U.S. Department of Justice, Bureau of Justice Statistics (BJS), in 2009, only 38 percent of defendants in urban cities were released because they were able to meet a financial obligation. Of those released on bail, only 5 percent were able to pay the full cash amount outright. Many defendants do not have entire bail amount, so they seek out a bail bondman
A bail bondman, or agent, is an insurance agent who sells a bail bond, to a defendant or their family to ensure the person’s release prior to trial. Bail agents usually charge 10-15 percent of the total bail amount, and this price is no longer returned. This is to guarantee that the defendant comes back to court. In some cases, the agent also requires the alleged to sign collateral in the form of properties such as houses, cars, or other possessions, which serves as an additional incentive for the defendant to return. This is what the bail bond is. It is actually a contract that states that the bondsman will pay the court the full amount of a defendant’s bail in the event that the defendant does not return to court.
It is not uncommon that people only know little about bail bonds. There is no harm in researching it thoroughly to get the right amount of information. Here are a few facts you need to to know about bail bonds.
One. There is a time limit. Once the judge decides a court date, you will be given time until the court date to raise your funds. The time given will depend on the crime committed.
Two. Every place has a different approach on the legal aspects of bail bonds. A bonds man can help simply the ways of court. It is important to contact a bonds man to understand the laws carefully.
Three. A co-signer is needed to take part in contracts. If an accused fails to attend the scheduled court hearing, a co-signer has to pay a penalty in lieu with the absence.
Four. Bail does not guarantee that you are free of crime. Judges won’t allow bail to be imposed to people accused with serious crimes such as murder or rape. If a person commits several violations to the penal codes, bail is automatically denied from them.
So a suspect ends up in jail. The bail amount is difficult to acquire. The alleged will be forced to remain behind bars for months, or perhaps even years, until all hearings for his case are settled. This is one of the reasons why bail bonding exists as an a way out.