The Complete Guide To Everything You Need To Know About Bail Bonds

 

Jail is perhaps the last place you would wish to find yourself. Getting arrested is an unfortunate situation which is followed by a stream of weary court processes and formalities. A bail bond gives a little relief here and helps you to come out of jail and appear in the court for the trails. Unless you have not been familiar with the court system, you would have heard bail bonds only through TV. From bail bonds to bail bond agent, let us know everything related to bail.

What is bail?



When someone is booked for a crime, it usually takes months or even longer to start the trial. Bail is a monetary agreement between the court and the accused that allows him/her to get free from the prison. In other words, it is a promise to the court that the defendant will be present before the court for all his/her trials. In case, the accused either flees away or doesn’t show up for all the hearings, the total bail amount is forfeited by the court.

What are the factors affecting the amount of the bail?



The total amount of bail is usually kept large enough to ensure the presence of the accused for all his/her trails. This amount is decided by the judge, and there are several factors on which the bail amount depends like:
  • Seriousness of the alleged crime
  • Posted bail schedules
  • Past criminal record of the accused
  • Accused’s personal background
  • Chances of fleeing away of the accused
  • Risk to public safety

How many types of bail are there?



Bail normally comes in five different categories:

Cash Bail

It is the most common and widely accepted form of bail where accused is asked to pay the total bail amount in cash.

Bail Bond

Also known as surety bond, it is one of the most popular forms of bail bond. In most of the arrest, the accused is not able to pay the full amount of bail. In such cases, a friend or family member or a bail agent pays the bail.

Release on personal recognizance

In this type, a person is granted bail on their own recognizance.

Property Bond

In property bond, a property is used as collateral to pay the bond. If the defendant doesn’t show up in the court, the court has full rights to the property.

Citation release

A citation release is normally granted for minor crimes where an officer trusts the suspect to appear before the court at his/her own will.

How does bail bond work?



If the accused have enough money, s/he can post the bail on his/her own. However, the bail amount is often quite large (around several thousand dollars) and therefore most of the people cannot afford it. In such cases, bail bond company/agency orbail bond agent helps them out. The majority of the bail bond company charges 10% of the total bail amount as their fee. The bail amount is paid by the bail agent. In lieu, the accused provides collateral (valuable assets like house, vehicle, jewelry, etc.) which is pledged as security for the repayment of the bail. Usually, bail agent makes a separate collateral contract with any friend or family member of the accused, so that s/he wouldn’t flee away.
  • If the defendant fails to appear for all of his/her trails, bail bond is forfeited, and the bail company uses defendant’s collateral to retain the bail amount paid by them.
  • If a defendant appears before the court for all his/her trials, the court dissolves the bail bond (even if the accused is found guilty of the crime).



Conclusion – Now, you must be aware of all the terms and process related to bail bonds. Getting booked for a crime is, of course, an unfortunate situation; and this is why you should keep yourself informed of everything related to bail and bail bond.

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