Bail is supposed to help people avoid spending time in jail for crimes they haven’t committed. Instead, many people end up spending long periods in prison because they can’t afford to pay their bail.
Some defendants can get out of jail by posting bail in cash, while others must rely on friends or family for assistance. Sometimes, a bail bond agent will step in to post a bond on the defendant’s behalf.
What Are Bail Bonds?
If you or a loved one has been charged with a crime and jailed, bail is typically the next step. Bail ensures defendants appear in court for their trial or other court proceedings. However, judges often set bail amounts beyond most defendants’ reach. Those who can afford to pay their bail can quickly obtain a surety bond (the most common form of bail) through a local bail bond company.
But those who do not have that kind of money lying around need to devise a plan. Many people use a bail bond agent and pay only a percentage of their total bail amount. They will also sign over any property they have pledged to the bond agency. This collateral is returned promptly once the defendant appears for their court dates as agreed upon in the bond agreement. If they skip bail, the bail bond company will hire a recovery agent to track them down.
How Do Bail Bonds Work?
A judge will review a defendant’s case to determine whether or not they should be released from jail before their trial. Defendants may post their cash bail or arrange for a bail bond.
The severity of the crime determines the amount of bail, the defendant’s criminal history, and their risk as a flight risk or danger to the community. The judge also can waive bail altogether.
Bail bonds are a financial guarantee from an indemnitor that the defendant will appear for all court proceedings until their trial date is over. Bail bond companies usually require individuals to put up valuable collateral like jewelry, cars, and even homes to secure a bond.
The process of obtaining bail is lengthy and time-consuming. This is where a bail bondsman becomes invaluable. Their relationships in the bail system allow them to skip steps and get you out of jail faster.
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Why Do I Need a Bail Bond?
A judge sets the amount of bail by considering the severity of the crime and the defendant’s risk factors. The court also asks if the accused has any previous criminal history and whether the accused is a flight risk (meaning they may be tempted to flee before their trial date).
If the accused cannot afford to pay their full bail amount, they can ask someone else to post it. Depending on the circumstances, the person posting can do so in cash or with property (houses, cars, boats, etc.). Typically, the person who posts the bond will sign a contract to ensure the accused shows up to their trial and all other court dates.
Bail bond services are more affordable than full bail, making them popular. The benefit is that it means loved ones don’t have to spend a night in jail when they could be at home with their family.
What Are the Advantages of Using a Bail Bond?
The law and judicial system can be complicated for people to navigate. Using bail bonds can help to alleviate some of the stress that comes along with an arrest and incarceration.
When someone is arrested and awaiting their court date, they will be released on bail if they have not committed a violent crime or are considered a flight risk. The money paid to the court in exchange for their release from jail is returned once they attend all of their court dates.
Bail amounts are determined by judges who consider various factors, including the defendant’s criminal record, the likelihood of them fleeing before their trial, and the danger they pose to the community. The higher the risk, the more the judge will demand a bail amount.
The accused’s friends and family often contact a bail bond agency to pay for their release. It helps them avoid using their hard-earned money and saves the bail bondsman from hiring a bounty hunter.
