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What is the Process of Bail Bonds?

How do bail bonds work? That’s the question that lingers in most people’s minds when it comes to bonds. Each country or state in the world has its way of processing bails. Bail Bonds help people charged with different crimes get freedom while waiting for the hearing of their cases. There are various bail terms offered by the courts, but they tend to be similar in principles. If you have been charged in a court of law, you’ve probably heard about these bonds and how they work. In this article, well explain the different types of bonds available and how they are processed. Follow till the end. Let’s define bail first.

What is Bail?

When you hear the term bail, it merely means the money or property deposited in court to secure your freedom as you wait for your case to go into trial. It is to guarantee your return to the court. When it comes to bail bonds, it refers to the amount of money or property offered by someone to secure your freedom. It can be your mates, relatives, or a bond company. This situation means that when you fail to turn up, the money or real estate type put as a bond gets forfeited.

In most cases, it’s set on the high side to make one not forfeit the money and depend on the offense committed. The gravest the crime, the higher will be the bail. Once the bail gets posted, the court can release the suspect who must attend the mention. If you fail to participate in the mention, the court can take other necessary measures, including holding the bail amount and forfeiting it. 

What is a Professional Bail Company?

Also known as bondsmen, they help the arrested individuals process their bail amounts and get released until the date of their case. They help in clearing the bail for defendants at a fee, for those who can’t afford it. As explained by the bond experts from https://bail2go.com/, the bail company helps the defendant secure their freedom and have peace of mind as they wait for the hearing date. They recover their money when the defendants return to court as scheduled to have their case determined. What happens if the defendant doesn’t show up? When the defendant fails to show up, the agent loses their bond in court but might arrest and sue the defendant to recover the bail money. 

Posting and Processing Cash Bonds

When requested to post a cash bond, the prosecutor requires the defendant or a professional bond company to deposit the bail-in cash. The money deposited stays with the court until when the case is heard and determined. After hearing the case, the money gets back to whoever posted it, either the defendant or the bond company. If the defendant made the deposits, fines and court charges might get deducted from the bail amount before settling the balance. Cash boards are always stricter than any other bond type. 

When it comes to a percentage bond, the judge sets a certain amount of bond and requests the defendant or a company representing them to pay a percentage of the bond and clear the rest when the defendant fails to show up on the hearing date. In most states, the rate is always 10% of the bond and requires settling before release.

The third type is the migration bond, which operates on the federal law. This bond is usually for migrants or non-residents, and the court gains a percentage bond from the surety if the defendant fails to turn up for the hearing.

Posting Property Bonds

When the defendant has no money but has property, It can act as the bond as long as it’s of the required value or more. The property can be in the form of a house or land. If the defendant fails to appear in court, then the court can foreclose or levy the property. What happens if the property has several owners? When the property has several owners, they all need to sign and commit the property to the court. The court will also need evidence that the possessions belong to individuals who put it in bond, including confirmation from a local real estate agent.

Differences Between Bonds and Other Nonpayment Alternatives

Other than cash and property bonds, one can get released using other non-payment alternatives. One can get released on your own recognizance (RoR), where the judge releases a defendant without monetary bail but asks them to stay within set boundaries and report to the court at given times. The second alternative involves signing an unsecured appearance bond where the defendant commits themselves to appear to the court without fail. If they fail to turn up, they get subjected to pay specified charges to the court. The third option is the citation release when an arresting officer asks the defendant to appear in court without them getting into custody or paying bail money. Failing to do so leads them to get arrested or fined charges. Other imposed conditions include providing a DNA sample, drug-testing, phone checkups, and getting court reminders. 

Processing Bail in Federal Courts

In federal courts, you don’t get fixed bail amounts. The magistrate releases you with a surety that you will be attending court summons. In most cases, you won’t find bond companies since they don’t require people to sponsor the bonds. In this court, you enter into a contract with yourself, the government, and co-signers. Failing to adhere to the rules leads to adverse consequences. Who is a co-signer? A co-signer is someone responsible for your release. In case you fail to appear in court, they might get arrested or pay the required fines and damages. Some of the conditions imposed on these charges include; pretrial supervision, mental health evaluations, drug testing, travel restrictions, electronic monitoring, curfews, and surrendering of all the travel documents to the court. Failing to follow the court summons might lead to arrest, hefty fines, or a jail term.

There are many determinants in bail bonds, including the type of charges, surety, the case sensitivity, and if you are a resident or an immigrant. The bail is to secure your release while waiting for the hearing date. You have to follow the set conditions to avoid losing the bail or face another court charge in your case.

One thought on “What is the Process of Bail Bonds?

  1. Police expecting to make many arrests tonight in NYC….

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