Are you curious to know how bail works after an arrest? Or how would you get bail if, unfortunately, you get stuck in prison yourself? We are here to answer your queries about getting bail and how the whole system works.
Many times we have heard of people getting bail after being arrested. But have you ever thought about how do the suspects pay this bail or what is the underlying process behind it? If yes, then this is the article you need to get through.
So, first, let's get to know how you can get bail if you ever land in deep trouble.
Table Of Contents
What Is A Bail?
A bail is a form of a financial guarantee or security deposit. It ensures that the defendant will appear in court when required. This security amount can vary depending on the severity of the offense and other factors.
If the defendant fails to show up to the course, the state will get to keep the bail amount. The judge usually decides on this bail money. The final bail amount gets determined after going through the defendant's criminal history. If you don't know much about all the legal work, a bail bondsman can do the work for you.
Who Is A Bail Bondsman?
In easy terms, a bail bondsman is an agent responsible for releasing a prisoner from jail. This agent works on requirements like paperwork, taxes, and other fees, and he makes sure that the defendant is released as soon as possible.
Most of the time, the bail money is out of the capacity of the convicts. Bail bond agents in this stance post bail for the defendant and charge 10 to 20 percent of the bail money.
At first, the bail bond company will sign a security contract known as a "Surety bond." This documentation involves matters like if the defendant fails to appear in court, they are accountable for full bail money.
Bond Vs. Bail: Are They Both The Same?
A bond is what a bond company pays to have him released on behalf of the defendant. Whereas bail is the amount, a defendant will pay to get out of jail.
What Does Bail Hearing Include?
When a person is in prison, the court or the ruling judge will decide the bail amount. Moreover, there can be other bail conditions, like not being eligible to travel or limited public visits. Some of the bail hearings are:
Own Recognizance Release
As the name suggests, it is a sort of agreement that the defendant signs for promising to return to court. Also, here he will assure that he won't break any rules the court has ordered for him. The defendant will ask for his release, and if the court denies, he will request them to lower the bail. This is the kind of hearing is for the defendants who have:
- parents, spouse, children, or relatives living in the community.
- They being employed at a reputable company for a long time.
- Or have little to zero criminal records in the past.
Personal Bond
The defendant is set free if they get to hear a personal bond by the court. At this stage, the defendant will have to sign a bond. This bond explains that the defendant would be liable for any criminal or civil crime if he fails to appear in court.
Bail Allotted With Terms of Release
Bail allotted with terms of release is straightforward, and it involves the defendant directly paying the bail set by the court and going free. The defendant can pay the full amount to get bail or through a surety bond by a bail bond company.
Rejection of Bail
If a defendant is a possible threat or risk to the public, his/her bail will be eventually denied. Ultimately, the court's order and the defendant have to obey it.
How Is Bail Money Decided?
Ruling judges are the primary personnel behind deciding the amount of bail. Every jail has a standard bail schedule that might vary depending upon the severity of the crime. In most cases, an arrested person can get bail after getting arrested by paying the amount that has been set.
But if a suspect cannot afford the amount of the bail, he can request the court or the judge to lower it. This procedure depends on the rules of the state you are in.
What Are The Limitations Of Getting Bail?
The first and foremost rule is that bail must not be excessive. This rule is under the Eighth Amendment to the U.S Constitution. The fundamental reason behind bail is that the defendant is free until guilty. Also, the bail has this basic reason that the suspect would return to court when required.
The bail amount is not to raise money for the government or have the suspect remain in jail. Instead, the bail amount must be thought of as financial security, and it should not be arranged too high or too low.
What Can Be The Most Probable Conditions For Getting Bail?
The most common condition for getting bail is that the suspect obeys all of the laws ordered by the court. The suspect would end up in prison if, by chance, he violated any of the orders. For example, suppose we have a case of domestic violence. In such a case, the court would ask the suspect not to stay in touch with the victim.
Aside from this, it is necessary that the defendant has not committed any crime, which makes their presence publically risky. Also, if the suspect has a history of not getting to court on time, then he might not get his bail.
What Are The Available Options For Getting Bail?
The higher authority decides the bail amount, and the suspect has to pay to get out of prison. Here are some common options in which a suspect can pay the bail money.
Cash
This is the most straightforward and obvious option. Here the defendant can pay the whole amount of bail and get free. Cheques can also work here. In short, the monetary system will work here as a bail amount.
Property
If the suspect fails to get the money for bail, then he can pay up in terms of the property they own. However, the rule here is that the property suspect owns must be worth the full amount of the bail.
Other Forms
There can also be other forms, like arranging a bail bond company to pay the bail money. Another form can be to use a waiver of payment, and it will ensure that the defendant will be able to represent himself in court when required.
What to Do If You Are In Trouble?
Life is a roller coaster, and trouble can come to anyone; however, it is best to prepare for any situation. So, suppose you get into a roadside accident, and you end up in prison. Your judge will decide the bail amount you will need to pay. Try to get bail first. You can either pay money or in the form of a cheque.
Now suppose if the bail amount is huge and you don't have that much money, then you have to search for "bondsman's near me." Here, you will see competent agents who will post bail for you. Plus, these bail bond companies would charge you much less than the actual bail amount.
Final Words
Hopefully, now you know how to get bail, what the criteria are to decide on bail money, and the conditions and limitations surrounding it. For a safer side, you must always research "bondsman's near me" so you will have the right help at the right time.