Posted on: 18 August 2021
It is a common thing to hear that someone got released on bail. So, what does bail mean? How is bail different from a bail bond? Who is a bondsman, and when do you need one? This post explains the bail bond process.
What Happens When You Get Arrested?
After an arrest for any crime, the police will bring you before the court within a stipulated time. Typically, the principles of natural justice presume one is innocent until proven guilty. Thus, the court adopts the presumption of innocence approach when dealing with an accused person. In this case, the state should technically not hold an arrested person in prison before conviction. Thus, one has a right to freedom until a court determination. As such, the judge may release you on bail pending the case hearing.
What Is Bail?
Bail acts as insurance between the court and the defendant. In practice, the bail amount guarantees that a released accused person will appear before the court for hearings. Thus, the judge sets the bail amount based on several factors, such as the nature of the crime, flight risk, social ties, income levels, and past criminal records. If the defendant pays the bail in cash, they can walk free until the court date.
The court usually returns the bail deposit upon the completion of the case. However, the bail amount is typically high to compel the defendant to appear before the court. Thus, not all people can afford bail, which necessitates a bail bond.
What Is a Bail Bond?
A bail bond acts as a surety bond to secure the release of the defendant from jail. Essentially, a surety bond company provides the bails bond through a bail bond agent. In this case, the bondsman guarantees that the defendant will appear for the trial or pay the bail amount in full. The bail bond applies to both criminal or civil cases.
What Does the Bail Bond Process Entail?
Bail bond companies are licensed and regulated businesses that front the bail amount on behalf of an accused person. In simpler terms, the bail bondsman assures the court that the defendant person will show up for the set court hearing. Thus, the bondsman will end up paying the stipulated bail to the court should the defendant person fail to show up.
The defendant pays a bondsman fee, typically 10-13% of the total bail amount for the services. In most states, the law limits the bondsman charges. However, the bondsman may require the defendant to offer collateral such as land, home, or car deeds for the services. Ultimately, the bondsman returns the collateral upon the completion of the case. In some cases, the bondsman may send a bounty hunter to look for a defendant who skips a court hearing and hand them to jail.
A bail bond is an ideal solution to secure your freedom if you cannot raise the full cash bail. Consult your attorney or a local surety bond company to explore the full benefits of a bail bond or reach out to a bail bond agency like All Star Bail Bonds.Share