When people are arrested, it is commonly mistaken that such people will end up in jail. However, we often hear news of them being released on bail for “X” amount of money. If you have ever heard this terminology but found it confusing, this article is for you. If you understand the bail bonds process, in part, this article is also for you. In this article, we go deep into what bail is, who a bail bondman is, the difference between bail and bail bonds, and other information.
What is Bail?
When a person has been arrested, they are taken to detention and their offenses processed. Once done, the offending party will be presented before a court and a judge for arraignment. An arraignment is the initial court appearance of the arrested person. During this arraignment, the charges against the defendant will be read, and they will be required to enter a plea. The plea can be guilty or not guilty. During this arraignment, the defendant’s counsel will also tender a bail application. Bail is aimed at helping the defendant regain their freedom until the time the case’s outcome is determined.
A judge presiding over the case may decide to grant bail to the defendant or not. In most cases, the decision to grant bail and in what amount depends on a range of factors. The common factors affecting bail application outcome and the amount set as bail include the severity of the alleged crime, flight risks, and criminal record.
The court may decide not to grant bail to a person who has been charged with murder or other felony offenses. This decision may be based on the premise that they are dangerous to the community. The bail application denial may also be due to flight risk; that is, the defendant may run away to evade justice. However, once bail and bail amount has been set, the defendant is free to exchange the set amount for their freedom.
What is a Bail Bond?
Once the bail amount has been set, the defendant is faced with two options, to pay the full amount or to reach out to a bail bondsman. Bail bondsmen are trained professionals who help defendants who have made bail to get out of jail fast. With bail bondsmen, defendants don’t have to worry about coming up with the total amount set as their bail condition. Bail bondsmen often charge a percentage of the bail amount as their fee. Once the defendant or their loved ones have agreed to this amount, the bail bondsmen begin to process the defendant’s release from jail.
With a bail bondsman, defendants are getting a surety bond. This means that the bail bonds company is standing as a surety for the defendant ahead of the final decision in their court case. There are two types of bail bonds a defendant can request;
Criminal Bail Bonds: This is often associated with defendants who have been charged to court for their alleged involvement in criminal offenses. This type of bail bond guarantees that the criminal defendant, if released on bail, will continue to show up in court on their set court dates until the case is finalized.
Civil Bail Bonds: This is associated with civil cases and guarantees that the defendant will remain active and willing to show up in court until the case against them has been finalized.
Please note that once a person has been released on bail, he or she is expected to operate within the confines of the law. If such a person is re-arrested for any offense or for violating their bail condition, the amount paid earlier to secure bail is forfeited. If the person had secured bail bonds before the re-arrest, they’d be required to pay the full bail amount to the court.
How do Bail Bonds Work?
Bail is set by a judge using a bail schedule – a document containing offenses and associated bail conditions. The presiding judge may decide, based on the severity of the alleged crime, to increase the bail amount as deemed fit. Once the amount has been set, a bail bonds company can be contacted. The bail bondsman will explain the terms of service and the associated fees. The bail bondsman will require some information to process the bail. Common documents and information required include;
- The full government name of the defendant.
- The charges against the defendant.
- The bail amount set by the court.
- The police station or jailhouse where the defendant is being held.
Bail bondsmen usually charge between 10 to 15% of the bail amount as the premium for the services rendered. Once the amount has been paid, the bail bondsman secures the rest of the bail amount with collateral that is equal or higher in value to the bail amount. The defendant is then processed out of jail and can live freely until their case outcome is determined.
Sometimes, defendants who are out on bail may skip court dates. If this happens, their bail bond is forfeited, and the court will demand the payment of the remaining 90-85% of the bail amount set. In most cases, collateral is used to cover this cost. The bail bondsmen may also send bounty hunters after the defendant to re-arrest and hand them over to the police.
If the defendant shows up in court throughout the case, the bail bond is dissolved, and the collateral is released to the surety who posted the bail. However, the 10 to 15% premium paid to secure the bail bond is non-refundable.
How to Get a Bail Bond
Getting a bail bond is fast and easy. Most bail bond companies operate 24 hours a day and even on holidays. They can be reached via their phone lines to inquire about their bail bond process and how fast they can get the defendant out of jail. However, some states prohibit bail bondsmen but offer bail bonds. In states like this – including Wisconsin, Kentucky, Illinois, and Oregon, the 10 percent bail bond fee goes to the court and not a bail bondsman.
Securing bail bonds can be easy or tough, depending on how much you know about the process. Learn more about bail bonds and seek help when needed by visiting https://sanangelobonds.com/
Freedom / Libertad Bail Bonds
1104 N Chadboune
San Angelo Texas 76903
Find us on Social Media