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A bail bond is a legal arrangement made by a convicted to appear for a series of trials or pay the whole sum of money set by the judge. The bail bond is co-signed by a bail bondsman, who credits the prisoner a fee to obtain the ransom.
If a person is charged and arrested for a serious crime, they must wait for a bail hearing, during which the judge weighs the charges and circumstances before concluding the size of the bond. If the defendant cannot pay the bail fee, they may remain in custody or employ a bail bond agent until their court date.
Why is it Important?
The principal function of bail bonds is clearing the bail to get the defendant out of police supervision. Bail bond agencies take a minimum percentage of the actual sum set by the judge, which is a non-refundable amount, also known as the “premier.”
Additionally, bail bonds typically assist the defendant as a financial responsibility by allowing them to get out of jail, and keeping a record of their past and present conducts. Besides, they work as a valuable means of supporting any individual who has their loved ones in police custody to get them out of prison until a court date.
How are Bail Bonds set?
In most state courts, the value of the bond paid for bail is set by an agenda related to an organizational order which the chief judge signs in the applicable jurisdiction. Each offense has a calculated bail amount based partly on the severity of the crime, which must be posted before release from jail.
Some of the many crimes with a schedule bond attached can be Grand Theft, Simple Possession of Narcotics, Petit Theft, or Disorderly Conduct. Under these agendas, the bail is not available to people viewed as flight risks or when they are confirmed to pose a threat to the community.
What do Bail Bond Companies do?
The primary aim of Bail Bond Companies is to help the defendant when they cannot afford to pay the total bailing amount. Hence, in these cases, the defendant may call a bail bond company for help since the company offers a forfeit bond that acts as insurance by showing up in court when the district judge asks for it.
The value of the jail bond is only 10% of the bail, and the bail bond company may ask the accused to secure the bond, whether with money or security deposits.
When this process is completed, the bail bond company sends a representative to the court to pay part of the bail.
The Types of Bail Bonds:
In the present society, there are various legal ways to get a bail out of jail, and here is a list of the four most basic types of bail one might encounter or select when it comes to getting a bail out of jail.
- Cash Bail
In any situation, an individual can help a colleague or a loved one get out of jail by settling the bail in cash. For this, the individual will have to pay the total amount of the set bail money upfront and in person to a certain Bail Cond Company.
The amount of the bond will depend on the case where the authority had arrested the defendant for. If the defendant's case results in an extensive sum of money in bail, it is better to apply another bail method.
- PR Bond
A PR Bond which is alternatively known as the Personal Recognizance bond, or termed as the ROR which stands for Release on Recognizance, is a condition given by the judge to provide the arrestee a chance to be bailed out of jail without any sum of money paid as a bail. This is only done as long as they agree to arrive in court when called for. This type of bond is mainly offered to individuals imprisoned for the first time due to non-violent crimes.
- Bail Bondsman
Over the course of time, many companies have emerged who are willing to present you their services to help your loved one or a convicted one get bailed out of jail. An individual can contact Bail bond agents to pay the bail for the defense party. These are experts who offer aid to individuals who are incapable of meeting the whole expense which is set for their bail.
- Collateral Bail
Suppose an individual does not have sufficient money to post bail. In that case, they can always opt for a collateral bail. In this process the defendant can use investment methods such as a house, personal vehicles, a plot of land, valuable items such as ornaments, or a gun, which will be returned to the charged if not seized after the case gets settled.
However, one should be mindful that different states have different kinds of bail to offer.
The defendant has to know what type of bail is available in the state where the offender was detained and make their move accordingly. Although every state has its versions of bails, most of them have the same purpose.
Difference between Bail and Bond
In a Bail, the main purpose is the temporary release of any individual who is under indictment and is waiting for trial through the deposition of a set sum of money as collateral, which ensures their future attendance in court.
In bails, the defendant or an associate of the defendant is in charge of clearing the set sum of money.
- The only method of consideration in getting a bail is Cash, and the money is refunded when the trial ends.
- When considering the cost, it is quite lesser than any other method of bail money.
- In a Bond, there are bond companies or Bondsmen involved who pledge to make the process of getting a bail, a success, even when the defendant fails to appear in court for a trial.
Here, the total sum is pain solely by the concerned bail bondsman.
The method of consideration in this agenda is usually done by the third party where they take the responsibility for the debt and obligations of the defendant, and the money is not refunded after the accused gets a bail.
The cost for bonds is comparatively higher than the method of bail.
What is the Bail Reform Act?
The Bail Reform Act was legalised, in the near past under which, the individual's attorney can help them inquire a bail mitigation hearing and explicate to the court that the initial bail amount was extreme or unreasonably high, for the defendant to clear.
The Bail Reform Act fundamentally guarantees that the bail is not set very high so that the defendant is forced to go to greater lengths to raise funds to clear the amount. The bail amount has to be impartial, and it's not meant for the defendant to stay in jail.
The Rules and Regulations for Bail Bonds
Everything related to the law follows a set of rules and regulations for a process to be completed in favour of the law. Similarly, Bail bond rules diversify per state. Still, almost all of them have the same strategy overall, and the general rule that each state device is explained explicitly in detail below.
- Arrest Authority
The bail bondsman who prepares the bail bond gets to have custody of the defendant, and hence, they can arrest the defendant whenever the punishment takes effect, as per court orders.
The bail bondsman will provide a proof of the court’s bond before the court can dispense a warrant against the defense party. The court may issue the bail bondsman a set sum of money if they decide to surrender to the defendant.
If the defendant is unable to attend court hearings after they get released with a bail bondsman’s help, the bail bond will on its own be forfeited by the court; and the court will then order for an arrest warrant which is set against the defendant.
The court clerk will inform the state’s attorney and the bail bondsman regarding the forfeiture and the certificate of arrest published by the court.
Under the US law, it is stated that an individual who is aged 18 and beyond is legally eligible to meet a bail bond on behalf of an arrestee. The person in question should also be trusted and confirmed to have a good reputation and background, without any criminal records.
If an individual wishes to become a bail bondsman, they should successfully pass the actual examination with an additional year of holding an employee job of a certified bail bondsman.
- Forfeiture Defense
The law is in charge of the protection of all bail bondsmen from bond loss and the defense party from imprisonment if they are able to provide an acceptable reason as to why they were unable to show up at the hearing on a set date and time, by the court.
- Remission Law
The government established the remission law to restrict a bail bond agent’s action to fund all the payments produced by the state applied to pursue a defendant if they do not make an appearance in court.
The bail bondsman may receive a refund, but the law states that the court must go against the bail bondsman if they miss to pay the expenses.
About the Criminal Defence Attorney?
When discussing the topic of Bail Bonds, it is highly important for one to know about experienced criminal defense attorneys who always work with reputable bail bond agents because they perform a significant function. What an Attorney is allowed to do, through a Bail Bond agent, is stated below:
- They provide their patrons with the ability to post bail despite of their financial status.
- They have complete access to their patrons outside of the reformatory or jail system.
- The Attorney permits for their patrons to discourse with someone who is a specialist on the bail bond process, by assuring that their patron will appear for all the necessary vital or trials.
Who are Bail Bondsmen?
A bail bondsman, who is sometimes termed as a bail bond agent or a bond dealer, is an individual, an agency, or company that will act as a guaranty and securer of money or property set as bail for the presence of a defendant in court.
Bail bond agents are most exclusively observed in the United States. In most other countries, the tradition of bail bonding is prohibited.
Organizations that represent the authorized profession, including the National District Attorneys Association, and the American Bar Association, both defend the practice of bond dealing by claiming that it prejudges poor and middle-class defendants.
What is the responsibility of a Bail Bondsman?
The most obvious role of a bail bondsman is to post bail on account of the defendant if they are unable to afford to clear these charges with their own money. Subsequent to the bail bondsman posting bail for the defendants, the court will dispense an order to discharge the defendant from jail.
The Importance of being released from jail with a Bail Bond
A bail bond is a legal agreement by an unlawful defendant to be present for trial or settle a sum of money set by the court. The bail bond is co-signed by a bail bondsman, who commissions the defendant a certain fee in return for securing the payment. This is vital to be cleared of any additional charges while being released from jail.