What is a Bail Bond and what are their types?
A refundable sum known as bail lets the offender leave custody until their scheduled court appearance. To guarantee that the defendant will show up in court for the trial or any other relevant court processes, the deposit is utilized as collateral.
Read More: Bail Bonds Polk County
Bail will not be a possibility in every situation. Depending on the jurisdiction, the nature of the offense, and the court’s belief that the prisoner would try to flee, many bail options are available.
The court returns the bail money if the accused appears in court. The court retains the deposit or collateral and issues an arrest warrant if the offender fails to appear in court.
We’ll go over what a bail bond is, how it operates, what a bail hearing is, what occurs when a defendant fails to appear in court, and what a bounty hunter is below.
What is a bond for bail?
Using a bail bond, a defendant can pay the prison to be released from custody until their scheduled court appearance. The defendant will have to stay in jail until their court date if they are unable to pay bond.
Many offenders will wish to be freed from custody as soon as possible so they may continue working, care for their families, and be mentally prepared for their court appearances. It is reasonable that individuals would not want to put their lives on hold while awaiting court or a trial, as court processes may occasionally drag on for weeks or months.
In several instances and jurisdictions, you are able to choose to personally pay the whole bail cost. There are a lot of offenses with low bond requirements. Defendants can charge the amount for a fee if the jail takes credit card payments.
Another difficult chore is figuring out how to pay the jail if the offender is able to post the entire bond money. It is common for your personal belongings to be seized from you when you are placed under arrest. Cash in large sums might be used as proof. Credit cards are not accepted at all correctional facilities. If they do, there’s typically a hefty cost associated with it.
Defendants may also get in touch with a bail agency. Because clients only pay a fraction of the bond upfront when utilizing an agency, this is a popular choice. Frequently, the defendant’s friends or family would get in touch with a bail agency on their behalf.
A bail bondsman or agent will draft a contract if you want to work with them, making sure you are aware that you are in charge of making sure the defendant appears in court on all occasions. In the event that the accused fails to appear, you shall be liable for the whole bail sum.
Keep in mind that you can choose to be released from jail on bond. It takes a lot of trust and responsibility to decide to free someone from jail; sometimes bail is set quite high. Before deciding to bail someone out of jail, you should be quite certain that you can count on them to appear in court.
What kind of bail are there?
Surety bail, recognizance bail, cash bail, and property bail are the four categories of bail.
Surety bail
when a bail bond business posts the defendant’s bail. In exchange for posting bail on the defendant’s behalf, the bail bond business will charge the defendant a fee, often 10% to 15% of the entire bail amount. Depending on the terms of their contract, the individual who obtained the bail bond may forfeit any collateral or face additional fines if the defendant does not show up in court.
Recognizance bail is required.
when the accused agrees in writing to the terms of the case, promising to follow the rules and show up in court as needed. A bail enforcement agent may be dispatched to bring the defendant back to court, and they may forfeit any posted bail if they don’t show up or follow the terms.
Cash bail is required.
when the bail money is paid in cash to the court by the defendant or a cosigner. If the offender shows up for all of the planned court sessions, the bail sum will be restored to the payer at the conclusion of the case.
The property bail
when the accused puts up assets, stocks, or jewels, the value of which is equivalent to or more than the bail sum. The property is kept by the court until the defendant makes all of their scheduled appearances, at which point it is given back to them.