How the Bail Bond System Works? Types Of Bail Bonds
Is someone you love in jail and needs bail? Are you wondering if you understand bail correctly and if you can find a way to make bail to get them out?
There are a variety of different types of bail for different situations. Maybe you are hoping to help someone get out of jail and need to understand how bail works.
Read on to understand what is bail, how it works and the 7 different types of bail bonds.
What is Bail?
If you ever watched a TV or movie court scene, you’ve likely seen a judge declare someone eligible for bail with an amount attached. A bail bond is the amount of money paid to the court so the arrested can be released.
The bail bond is the guarantee that the defendant will present themselves in court at the appointed time.
A judge will consider a number of factors like criminal history, the severity of crime and flight risk when establishing how much bail should be set for.
Bail Process After Arrest
There is a process to be met before a person can be released on bail.
When someone is arrested. they are taken to the police station for booking. Here the police will file the formal report. The arrested will be photographed and fingerprinted. A criminal history will be checked and the investigation into the crime connected to the arrest will commence.
In most cases, before bail can be set, the arrested must appear before a judge. The judge then considers all the factors and bail is set.
Types of Bail
There are a variety of different types of bail. What type you use and pay will depend on the charges, the judge and the defendant’s ability to pay.
Remember, this bond is the guarantee the accused will show up for their appointed court date. Not only will they forfeit the money paid for bail, but there will also be significant consequences for skipping out on bail.
Being released on your own recognizance means that you are not actually paying a financial bail. The arresting officer and the judge have made the decision that you will be trustworthy to show up for your appointed court date.
You will be required to sign a document stating you agree to show up for your court date. Often an attorney can arrange to get you out on your own recognizance.
This may or may not save you money. Your bail might have been set for a lesser amount than the cost of the attorney.
Cash bail is pretty easy to understand. It is cash paid to the court so the accused can be released. Most courts will only accept cash. Although some will take cashier’s checks or credit cards.
Often, if the crime is severe, the court will set a high bond, knowing it would be difficult to pay the amount in cash.
As long as the defendant shows up for the court date, they will get most of their cash bond refunded to them. A small percentage is kept for fees and court costs.
A property bond means the accused or someone on their behalf is willing to use some kind of valuable property as collateral to get the defendant released from jail. Typically, the property is a car, house, or property.
If you use some kind of property for the bond, the court files a legal lien on the property. This means they can take possession of the property if the accused does not show up for court.
This can be a risky route to take if you are using some kind of valuable property as collateral for another person. You want to be very sure they will show up for court.
A surety bond is one that is commonly known as a bail bond. If the accused or anyone they love can’t come up with enough cash they can go to a bail bonds office known as a surety company.
The accused or someone on their behalf meets with a bail bondsman. They pledge to pay a percentage and fees to the surety company so they will pay the bail and get the person released.
The bail bondsman will appear before the judge with the accused pledging to pay the bail on their behalf. The bail bondsman makes a percentage of the bail as profit for agreeing to pay the bond.
Of course, if the accused chooses not to show up for their court date, not only do they answer to the court. They also answer to the bail bondsman.
This is the simplest type of bond. The officer who makes the arrest gives the accused a citation. The citation acts as a cite out and a requirement that the person will show up for their court date.
If the person does not show up, then a warrant will be issued for their arrest.
If an illegal is arrested by ICE or the Customs Enforcement department, they must get a bond like a surety bond. They pay a bond agent a premium. Then the bond agent will get the arrested out of jail.
The agreement here is that the accused must appear for all immigration hearings. They must also report to ICE when requested. If they do not do that then they will be arrested and forfeit the bond.
If a person is arrested for a federal crime, the bail is paid through the federal court system. These bonds work in a similar fashion to a property bond.
Cash or property must be offered as collateral by the accused to be released from jail.
Understanding the Different Types of Bail Bonds
No matter the reason for the arrest, ultimately the goal is to get released from jail. It’s good to have an understanding of the types of bail bonds so you are aware of your options.
If you need help arranging bail for someone you love, we can help. We know how the courts work and what needs to be done to get bail arranged. We are available 24/7 to help make those arrangements. Contact us today to get a bail set up.