A bail bond is an agreement that involves a defendant agreeing to pay a bond of a certain amount to get released from jail. The payment may be made by the defendant, a relative, a friend, or a hired agency chosen to represent the defendant and process the bail. Whoever signs the bail contract is required by law to pay the full bond amount in case the accused doesn’t show up in court. Bail is set as a guarantee that the accused will appear in court until the case is settled.
Importance of Bail Bonds
The essence of posting bail is to ensure that the alleged offender is released from jail while the case is still in court. The bail also stands as an agreement that the alleged offender would not seek to evade justice by relocating from the area until the case has been settled in court.
The judge sets the bail amount, based on several factors which would have been taken into consideration. These factors are assessed to check if they are a flight risk.
Importantly, the defendant’s criminal history will be investigated, as well as the charges they are currently facing.
Once the judge is satisfied that there’s no reason to deny bail, the amount to be paid as bail is set, and bail can be posted using any of the preferable methods of bail.
Common Types Of Bail
If you have to post bail for any of your friends or family, there are generally four types of bail to post to keep the person out of jail.
Listed below are the common types of bail available.
Cash bail is the most common form of bail available. However, it is mostly used for small bail amounts. This is because, to use the Cash Bail method, you will have to make a full bail payment upfront. It is important to note that some bail fees could be in the thousands, tens of thousands, and even hundreds of thousands of dollars. So if you plan on using cash as a method of payment you must be prepared to pay in full.
The use of a bail bondsman is another common way of posting bail. The defendant will have to contact a bail bond company such as Apex Bail Bonds of Martinsville, to handle the posting of the bail. The bail bondsman usually charges 10 percent of the total bail cost for the process. This is a one-time fee that will be paid to the bail bondsman to get the defendant released from jail. If the defendant can’t pay the full amount for bail, the bail bond agency will sort it out, based on the contract terms signed with the defendant. Before hiring a bail bondsman to help you post bail, it is important that you do your research on the quality of services they run. You don’t want to hire an inexperienced bail bondsman that will complicate your bail process.
Collaterals can be used to post bail. Collateral bail involves the use of real property like jewelry, lands, houses, vehicles, firearms, or any valuable property. Once the case has been settled, the property used as collateral will be returned and not confiscated.
PR Bond which stands for a personal recognized bond doesn’t involve the use of cash or collateral as bail. The defendant’s record is the premise for which a PR Bond is issued. When a judge issues a PR Bond for a defendant, it means the defendant is let out on their own accord. This could be because the defendant is a first-time offender, or the crime is nonviolent.
Having prior knowledge of the different types of bail available is an advantage, as you can never know when you would use this knowledge. In a situation where a friend or family is arrested for an offense, your knowledge about bail, bail documents, and the options of bail would be required for expedited release of your loved one.
One of the most important determinants of the amount of bail that will be set is the nature of the crime committed. If the crime committed is a serious one, the bail amount will surely be on the high side. For petty crimes, the bail amount is usually low and can even be sorted in a few minutes.
Also, it is advisable to involve or hire an expert to help with the bail processes, especially when the crime is a major one.