In simple words, a bail bond is an amount a person must pay to get a defendant out of jail. The interesting thing is the bail amount is decided within 48 hours after arrest. Once you register a bail, the defendant can leave the jail after adhering to certain conditions. There are many reasons why a defendant must leave jail after arrest. Usually, when people get arrested after having conducted a criminal offence, they are wise enough and continue to stay in jail for as long as their attorney doesn’t suggest them to get out of it. However when an innocent is arrested, the situation becomes euphoric, and one needs to get out of the place to plan some way to shrug off the situation. In this article, we will guide you through ten things you should know about bail bonds before getting somebody out of jail.
1. There are multiple types of bail bonds
Not just one but there is multiple types of bail bonds. The most common types are cash and surety. A cash bond, as the name implies, means you’re paying the full amount in cash. However, these bonds are very expensive since most of the time there’s not even a lawyer by the defendant’s side to get him/her out of jail or at least to bargain the price which is being set. However, a surety bond is different and is set for severe crimes such as felonies. The surety bond is very expensive and often requires the intrusion of a third person such as a lawyer or a bondsman.
2. Collateral is important
Keep in mind each state has its own rules and regulations regarding bails. So even if you have the full amount in cash and don’t have the necessary asset which needs to be put forward, the bail won’t be granted. Generally, anything as an asset that is worth a lot of money is acceptable. If you have a real estate property, you could present it against a felony. That’s not all; you could present credit cards, bank cards, valuable jewelry, vehicles, stocks, etc. In cases of felony people often put everything at stake to get rid of the problem in the first place.
3. Violating bond conditions is bad
At the time of applying for bail, you must read the bond conditions to adhere to all the laws and regulations. Failing to do so will put your defendant in a tough position. For instance, when you visit the court, you will be given future dates to appear for the hearing. Therefore you can’t violate any law before the final sentencing. So if you violate any of the bond rules, the court will order the arrest of your defendant. Moreover, these mistakes will have serious repercussions at the end and will have a direct impact on the final verdict.
4. You need to have complete information to get a bail bond
If you intend to help a friend or relative, you should have complete information about bail bonds before diving full throttle in the case. You must know all the important details of the bail bonds such as booking number, person’s full name, the reason for arrest and the exact amount of bail. This means once you sign any paperwork, the court won’t hold you accountable if the defendant fails to appear in court and turns hostile. You must check Orange County Bail Bond to get an idea of how things operate and work. If you fail to have all the information, you might create a big problem for the other person.
5. Different guarantors have different prices
You cannot expect all bondsmen to have the same price tags on their heads. If you are hiring somebody from a bonds company, most of them will charge around 10% of the bail amount. However, these percentages will differ according to the place you live in. However if you believe a bail bond company is trying to charge you more than they’re supposed to, you must contact a different company with competing rates. There are many money seekers in the market which is why it is crucial to know about the competitive market pricing.
6. You need to understand the dynamics of how bail bonds work
A bail bondsman is going to be of great help so you must know about how to find one. The ball amount involves the investment of a lot of money. Therefore, you must make mindful decisions when putting your money at stake. Once you register for bail, the bondsmen will help you in recovering that amount. The bondsman will write a date in the court which will ensure you will attend the court at those dates. However, if you turn hostile, he/she might have to pay the entire amount as a penalty. The agreement must be completely read and understood for the collateral.
7. There are many factors which influence the bail amount
Don’t expect the bail amount to be the same in every state. Crime rates have different bail amounts which depend on the severity of the crime. However, if the judge feels the amount is too low for a crime. He/she might increase the amount on the spot. So if your defendant has a comprehensive history of conducting crimes, he/she will very likely have their bail amount increased. However, if you want to avail exemption in the bail amount, you must go through the expungement process.
Furthermore, if the defendant hasn’t appeared in the court for hearings, the judge will increase the bail amount as a penalty. The judge even stands a chance to deny bail. Therefore, it is crucial to be upright during hearings.
8. You might not receive your money back
The first thing which people think about at the time of applying for bail is if they will get their money back. You might not get your money back. If you’re hiring somebody from the bail bond company, you will very likely be paying for their services and not the bail charges. If you deposit a cash bond, you might get some part of your bail bond back, but if you are paying the surety bond, you will not be refunded the cash you pay. The irony is, most of the money people deposit goes into the court process which is inclusive of fines, court costs, and defender fees.
9. Bail amount can be reduced
If you feel your defendant is being charged too high for the bail amount you can always seek negotiation. In this regard, nobody but a good attorney can help you. The first thing your attorney will do is to ensure the court you have a good amount to pay at the end of the sentence. Furthermore, if your defendant doesn’t have a long history of zero records of a criminal offense, the judge might reduce the bail amount. Your attorney will also provide arguments which will ensure the judge you will attend the future court dates as promised. However, you need to choose the right attorney to get this work done. If your attorney doesn’t provide valuable arguments, the judge might cancel the bail and increase the amount.
10. Bail is never going to be free
This is perhaps the most important thing you need to keep in mind. Bail is never going to be free; it will always cost money. So next time, you try to commit a criminal offence, you must understand it has serious repercussions. Many people take these things for granted and get in a lot of trouble. The common myth which continues to hound bail bonds is they can be availed for free, but the truth be told, collateral is the actual way of doing a barter to get bail. There is no such thing as a free bail; every criminal offence will cost a lot of money at the end of the day.
The above text has discussed everything regarding bail bonds, however, it is crucial to understand the pros and cons of bail bonds. The benefit of bail bonds is one gets time to plan for the case ahead and collect proofs. Furthermore, once also feels relaxed after getting out of jail. The downside of bail bonds is that it is non-refundable payment and there’s no confirmation if the defendant will walk out of the court with a clean chit or not. So even if you have the world’s best attorney in the courtroom, the probability is always going to be 50/50.
Lastly, you must hire the right person for this job. The market is flooded with a lot of people who have their ways and means of sucking money from the client’s pocket. When hiring a guarantor you must be sure about his/her veracity of work, years of experience, working license and office. Furthermore, you can also check the online profile of the person to read the testimonials and client reviews. Even the top-notch attorney will have negative reviews. Therefore you will need to be mindful when making this decision.