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The meaning of bail is a refundable deposit that will allow a defendant to get out of jail custody until they have the court date. This deposit amount will be used as collateral to ensure that the defendant returns to the court for their trial or any other court proceedings. One thing to remember is that all cases will not have the option of bail. This option is usually offered based on the type of crime, the jurisdiction, and the court’s decision. When the defendant shows up at the court hearing, their bail will be refunded, and if they do not show up, the court will keep the deposit and issue an arrest warrant. In this guide, we explain what bail bonds are, types of bail and how they work in detail.
Understanding a bail bond
Through a bail bond, the defendant has to pay the jail to get out of jail until the court date. Whenever they cannot afford bail, they will have to wait in jail until the court date. Several defendants want to be bailed out of jail at the earliest to look after their families, take care of the kids, keep their jobs, and seek help for the court proceedings. Many times the court proceedings take weeks or months, and this is when a bail bond helps.
Some jurisdictions offer the option to pay the full amount of bail, and many offences have small bond amounts. There is also an option to contact a bail agent. This can be beneficial to many, and the defendant only pays a part of the bond upfront when they seek help from a professional. An agent or bail bondsmen can write a contract to ensure you understand the terms and are responsible for the entire bail amount. The experts at OSI insurance state, “A bail is only an option and not mandatory. There are times when the bail is set to a very high amount, and it might not be possible for everyone to pay.”
Types of bail
Let’s take a look at the four different types of bail.
- Surety bail: This is when a bail company posts the bail for the defendant. They will charge a fee for this service which could be around 10% to 15% of the total amount. In case the defendant does not appear in court, the individual who took out the bond will lose the collateral and will have to pay additional penalties.
- Cash bail: As the name suggests, cash bail is when the defendant pays the bail amount in cash, and the amount is returned to the payer once the case ends. However, this amount will only be returned if the defendant appears in all the required court appearances.
- Recognizance bail: A type of bail where the defendant will sign a written agreement and promise to abide by the conditions. The defendant will promise to appear in court whenever required, and if they do not appear, the agent will have to bring them to court.
- Property bail: The fourth type of bail is property bail where the defendant will have to pledge property like stocks, real estate, or jewelry, and it should be equal to or greater than the bail amount. This property will be held by the court until the case is complete and then it is returned to the defendant.
How bonds work
An arrest can happen at any time, and bail bond agencies are there to help you. The agency will complete the paperwork and the payment to ensure a quick process. This paperwork is a contract between the individual posting bail and it helps ensure that they are aware of what they are agreeing to. It will also discuss the collateral they have put in and the fees for the agency’s work. The agent will require the dependent’s full name, the charges against them, the location of the jail, and the booking number. These details will help the agent get the defendant out of jail. This process may seem easy on paper, but it can take hours.
That said, when the defendant does not show up to the court proceedings, the bail agent will have to pay the full amount of bail, and they will then hire a bounty hunter to help them track down the defendant and bring them back to jail. In case they do not appear in court, the individual who took the bail bond will lose collateral and pay penalties.
Bail bonds play an important role in the judiciary system and it is not easy to get bail. This is why it makes sense to work with an agent or, an agency experienced in the process. They can expedite the process and help you handle a difficult situation in the most appropriate and legal manner.
