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 bonds man. 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.