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Having been arrested and charged with a criminal offense, it is dictated by law that the person facing the charges should stay in jail. This is unless the individual have the means to make bail by paying the amount specified by the court. As opposed to staying in jail while awaiting the trial date, paying bail bond will enable the alleged offender to regain his or her liberty until the completion of the court.
How BailBonds Work
In essence,a bond is an amount of money in cash, property or surety provided to make surean individual is present at all obligatory court appearances. It makes it possible for the arrested personto be freed from jail until the conclusion of his or her court case.
A percentageis paid over to the bond agency so the outstanding amount can be posted and thearrested person can be freed from jail to await trial is basically what thebail bond is. All states have their ownprocesses and rules for bail bond; however, the basics are alike in everysystem.
Typically,the amount of money paid over to the bond agency is between 10 and 15 percentof the bail amount specified by the judge. The criminal history of the arrested individual and the seriousness ofthe criminal activity will largely determine the amount specified.
For instance,the court could require an individual who is facing federal charges to come upwith between 15 and 20 percent of the specified bail, while a first-timeoffender, who is charged with a lesser offense, could only be required to payonly 10 percent.
The mostcommon types of bonds are highlighted below:
With thistype of bond, the defendant is allowed by the court to use land or otherpersonal properties as collateral. Priorto being accepted, the assets being used as collateral must be appraised; ittakes a long time for this appraisal to be done, which could mean an extendedstay behind bars.
• Cash Bail
For thiskind of bail, the full cash amount to be paid is required. In addition, the amount posted will remaintied up until the court case reaches a conclusion.
With thistype of bond, a bond agency is contracted to posted the required amount on thedefendant’s behalf.
In additionto the bail types above, there are also Federal Bail Bonds, Immigration BailBonds, Recognizance Release and Citation Release.
The BailBond Process
This can bebest explained from the point of view of the person accused of committing acrime. When he or she is arrestedanywhere in the county, the County Jail is usually where the defendant is takenfor processing. After the completion ofthis process, a court hearing is held and a decision is made by the judgewhether the individual who has been arrested will be released on bail or remainin jail until the trial.
A bailbondsman can step in and provide assistance if the defendant or a loved one isnot able to come up with an adequate amount of funds to post the bail. Specifically, bail amount will be posted bythe agency on the individual’s behalf. Anon-refundable fee will then be charged by the agency, representing between 10and 15 percent of the total amount of the bail.
Attachingparticular terms to the contract is standard for bond agencies. After all, the agency stands to lose if theclient absconds or if he or she is found in violation of the conditions of thebail. However, if things go according toplan, the money will be returned to the agency after the trial.
If thedefendant does not appear in court, the bond is forfeited and the remaining percentagewill have to be paid to the court. Thestocks, house, or other collateral of the defendant will be used by the agencyto pay the remaining bail amount to the court.
If thedefendant appears in court, when the court case is completed, the bond will bedissolved and the collateral returned to the individual who posted it. The agency will keep the cash fee as profit.