In the event you’ve been charged with a criminal offense, the court docket will take you into custody whereas awaiting trial—this implies you may be despatched to jail or a holding cell. If you wish to be launched from custody, you may make use of your state’s bail bond system. That is principally an association that lets you put up bail as a promise to the court docket that you’ll return as soon as your trial begins.
Right here’s a easy step-by-step information on how a bail course of works:
Bail refers to insurance coverage cash or property deposited to the court docket in trade for momentary launch. If the defendant breaks their promise to return to court docket, the bail might be forfeited. Many states have preset bail quantities and situations. Sometimes, a bail needs to be excessive sufficient to discourage the defendant from merely forfeiting.
The court docket and defendant can enter certainly one of these primary bond varieties:
- Money bond. The defendant is required by the decide to deposit the total bail quantity up entrance. It could solely be refunded as soon as the trial ends with out problem. If the defendant incurs fines as a part of their verdict, the court docket has the appropriate to deduct the fee earlier than refunding the bail cash.
- Share bond. The defendant is required to pay solely a share of the bail quantity, normally set at 10%. The rest of the total quantity shall solely be paid if the defendant fails to point out up in court docket.
- Property bond. In lieu of money, the defendant can pledge property that meet the bail quantity set by the court docket. Non-attendance to the trial may result to seizure or foreclosures.
In some instances, the court docket can prohibit the defendant from being launched on bail. This normally occurs if the defendant is a flight danger, or somebody who tends to flee and abandon their court docket duties. Somebody is more likely to be thought of as a flight danger if they’re unemployed, don’t have any identified household or neighborhood connections, have a earlier legal report, or have a historical past of skipping trial.
- Defendant or Surety Posts Bail
A surety is somebody who pays the bail quantity on behalf of the defendant. It may be a member of the family, a buddy, or an expert bond agent. Most defendants rent bail bonds providers reminiscent of bailbondsbros.com to care for the process. They provide 24-hour help from attorneys and consultants for a non-refundable price, which normally quantities to 10% of the bail.
The defendant or surety can put up bail in court docket or on the jail the place the defendant is held. As soon as a receipt has been issued, the defendant is launched instantly.
- Defendant Attends Courtroom Trial
If the defendant fails to point out up on the scheduled trial date, the court docket will problem a warrant of arrest and schedule a forfeiture listening to. The court docket has the appropriate to maintain the total bail quantity except the defendant can present a sound purpose on the listening to. If a bond agent posted the bail, they’ll rent bounty hunters to apprehend the defendant to be able to get better their losses.