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How Do Bail Bonds Work

 

What’s a Bail Bond?

how do bail bonds work

 

When a person is arrested, a bail bond can be used to get him or her out. How do bail bonds work? Basically, once he or she is out of jail, a bail bond is meant to ensure that the defendant shows up in court for all scheduled court dates.

 

Be aware that failure of the defendant to appear in court can easily result in the forfeiture of the property which has been pledged or the cash amount which has been deposited as the bail bond. The amount of bail is normally determined by the kind of crime that the person has committed.

 

In case a bail bond firm is hired in order to post bail for the defendant and the defendant failed to appear in court, a bounty hunter also referred as a bail enforcement agent can choose to apprehend and drag the defendant back to court in order to prevent the forfeiture of the firm’s cash.

 

What is the Bail Bonds Process?

 

The Bail bonds process is simply the practice whereby a bail bondsmen promises to pay the court the full amount of bail if the defendant fails to appear in court. It’s a requirement that any defendant who is not to settle or pay the entire amount of bail will pay the bail bondsman 10% of the amount the bondman pays the court so that he or she can be released form custody until the trial date.

 

The Trial:

 

After a person is arrested, he or she is normally put through a booking process. The state prosecutor at some point decides on what crime to charge the individual with. The defendant is supposed to appear before the court in what is referred to as an arraignment. During this time, the defendant is required to hear the formal charges and is then required to enter a plea.

 

In case the defendant pleas “innocent”, a date is then set for trial. Depending on the type of offense, the judge is supposed to determine if the defendant will remain out of jail until the trial date.

 

The Bail Bonds Process:

 

The bail bondsman is required to communicate with the relevant authority at the holding capacity, complete all the required documentations as well as settle all other issues. The bail bondsman is required to use his or her knowledge and understanding of the jurisdiction system in order to ensure that the defendant is freed. The defendant and the bondsman are jointly as well as individually responsible for the bail set aside by the court. Therefore, there can be loss or forfeiture of the bail if the defendant fails to abide to the terms of release set aside by the court.

 

How Do Bail Bonds Work Video
 

How Do Bail Bonds Work?

 

Here are some of the tips on the right bonds to use:

 

Tip #1: Property Bonds:

 

When paying a fee or a cash bond to a bonding firm that is not feasible, be aware that property bonds can provide an alternative with a minimal upfront cost. Generally, with this kind of bond, it’s possible to pledge property as collateral for the bail. Also, collateral may be needed by a bonding firm when the individual arrested is considered a risk for failure to appear in the court or when the judge has set a higher bail.

 

When a property has been used as a pledge for bail, the bonding company or the court is normally required to place a lien on the pledged property; usually the home of the individual who decides to take out the bond.

 

If the defendant happens to skip bail, the lien holder has the right to foreclose on the property so that he or she can recover the full cash amount of bail. On the other hand, if the court procedure is winded up and the defendant has been present during all the dates he or she was required to attend, the lien is vacated immediately and the case is closed.

 

Tip #2: Cash Bonds:

 

When it comes to cash bonds, the judge is required to set bail which must be settled in full in case the defendant’s history includes unpaid fines, court fees or restitution. Any defendant who happens to have jumped bail after any previous arrest may be required also to post a cash bond.

 

Cash bonds are often not posted by the bail bond firms. Instead, the money used as a cash bond is required to come from relatives, friends or the defendant. This serves as a powerful motivation for the accused since he or she is aware that in case they fail to appear to in court, someone that he or she knows will end up loosing the money set aside as bail.

 

Depending on the country or state you come from, cash bonds can either be paid with cash, a credit or debit card, or a cashier’s check. A cash bond is usually supposed to remain in place till the case is closed. Once the case is closed, the cash bond is often returned to the person who had deposited it, regardless of the verdict.

 

Tip #3: Surety Bonds:

 

Surety bonds are the types of bail bonds usually posted by the state licensed bail bond firm which can be hired by a friend, family member or even the defendant. With surety bonds, the bail bond company guarantees that they will forfeit the full bail cash amount if the person accused fails to return for the required court appearances.

 

Bail bond firms often charge a fee of about 10% of the amount paid as bail bond, which normally becomes non- refundable once the individual is released from jail.

 

A defendant who fails to return is considered a fugitive and therefore a warrant for his or her arrest can be issued. Also, the bail bond firm can choose to consider hiring a bounty hunter to look and capture the individual and return him or her to court.

 

Last, but not least, the bail bondsman often has the right to file a lawsuit seeking compensation form the defendant for the cash amount that is forfeited. It is always recommended that you’re sure about the terms and conditions of bail before sacrificing your money or property to be used as bail; since will enable you know the consequences that might arise later. If you have any questions about how a bail bonds works or need a bail bondsman in your local area don’t hesitate to call Champion Bail Bonding at 704-900-6099 or email us at championbailbonding@gmail.com. We are available 24/7!

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11 Responses so far.

  1. Sheren says:

    This is correct. There are many vaotiairns from county to county on how a Bail Bonds is determined. A judge uses their discretion and it will vary from case to case. A bond is given so that a defendant may be released to obtain an attorney and build an adequete defense for their case. In most cases, everyone is eligable for bond, but in some situations, a bond is not issued.

  2. Maggie Allen says:

    Thanks for sharing all of this information about bail bonds! It is really good to know that there are actually three types of bonds, as opposed to just one. I was only aware of cash bonds, originally, but I had no idea that it could only come from relatives or friends. Since the bail price can be pretty high, I imagine that could be really difficult. In my opinion, just paying a professional 10% for the bail is worth it. It means that you don’t have to spend weeks asking around for money and help.

    • Admin says:

      No problem. I’m glad that you found this article helpful. Thanks for visiting and leaving a comment!

  3. Gregory Willard says:

    My wife likes to watch a lot of shows about crime, and I keep hearing things about bail bonds. I had no idea that cash bonds are money used by relatives and friends. If I was in a situation like that, I wouldn’t want my family to lose the money they spent.

  4. Baxter Abel says:

    I had no idea that there are so various different types of bonds like property bonds, cash bonds, and surety bonds. I had no idea that a bondsman is jointly responsible with the defendant for the bail set aside by the court. I’ll be sure to look more into a bondsman the next time someone I know is in a tight spot with the law.

  5. Ben Allen says:

    I appreciate the information on how bail bonds work and what the process is. I had no idea that someone who gets a bail bond can make someone’s family pay for the bond, I figured it had to come from the person who actually took the bond. I would imagine that this can be quite a surprise for a lot of people if their family doesn’t end up paying for the bond.

  6. Georgia B says:

    Thanks for the descriptions on how the different types of bonds work! This has always been a bit confusing to me, so it was great to have it laid out so clearly. It sounds like the surety bonds are the ones I usually hear about, because they’re the ones usually posted by the state licensed bail bond firm.

  7. Luke Smith says:

    Thanks for your tip about the affordability of bail bonds varying on the discretion of the judge and their decisions. I would imagine that a good step would be to find a bail bonds company who is honest with you about the different bail bonds options and how your judge can impact them. It would probably also be helpful to choose a company local to your area since they would know the different judges and local legislation.

  8. John Mahoney says:

    Thank you for talking about how the bail bondsman is responsible for knowing the laws to help the defendant. It makes sense that finding someone who has the capabilities to help you is very important to avoid serious charges. I would want to hire someone who has the right certifications and that honestly cares about me.

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