Bail refers to a refundable deposit that enables a defendant to be released from jail while awaiting their court date. This deposit acts as collateral to ensure the individual returns for court proceedings. Not every case qualifies for bail, as it depends on the jurisdiction, the crime committed, and whether the defendant is considered a flight risk.
If the defendant appears in court as required, the bail is refunded. However, failure to appear results in the forfeiture of the deposit, and a warrant will be issued for the defendant’s arrest.
In this article, we’ll break down what a bail bond is, how the process works, and what happens when a defendant fails to appear in court.
What is a Bail Bond?
A bail bond is a form of payment made to secure the defendant’s release from jail until their court date. If the defendant cannot afford to post bail on their own, they may need to remain in custody until the trial.
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For those who want to avoid extended jail time, bail allows them to return to their everyday lives while preparing for court. Many defendants seek bail to maintain employment, take care of family matters, or prepare a proper defense. In certain jurisdictions, it is possible to pay the full bail amount directly, but that can be challenging due to the circumstances surrounding the arrest, including confiscation of personal belongings or jail policies on payment methods.
This is where a bail bond agent comes in. A bail agent offers services to pay a portion of the bail on behalf of the defendant, in exchange for a non-refundable fee (typically 10-15% of the bail amount). The person securing the bail bond must sign a contract assuming responsibility for the defendant’s appearance in court.
Types of Bail
There are several different types of bail, each with specific conditions:
- Surety Bail: A bail bond company posts bail for the defendant, charging a fee. The company is liable if the defendant fails to appear in court.
- Recognizance Bail: The defendant signs a written promise to abide by certain conditions and return for all court dates. If they fail to comply, the court may issue penalties or involve a bail enforcement agent.
- Cash Bail: The full bail amount is paid in cash, refundable after all court appearances are made.
- Property Bail: The defendant offers property as collateral for bail. The court holds onto the property until all conditions of bail are satisfied.
How Bail Bonds Work
Bail bond agencies operate 24/7 due to the unpredictable timing of arrests. The process begins when the defendant (or a representative) contacts a bail agent. The agent will need details such as the defendant’s full name, the charges, the booking number, and the jail location. Once the agreement is signed, the bail agent will post the bail on behalf of the defendant, who will then be released from jail.
The contract signed with the bail agent ensures that the defendant will attend all court proceedings. If they fail to appear, the bail agent becomes responsible for the full bail amount and may hire a bounty hunter to apprehend the fugitive.
What is a Bail Hearing?
A bail hearing is where a judge determines the bail amount, taking into consideration the severity of the crime, the defendant’s criminal history, and the likelihood of flight risk. In some cases, jails have predetermined bail schedules that allow bail to be posted before a hearing. However, these schedules are generally fixed and non-negotiable.
During the bail hearing, a defense attorney can argue to lower the bail or ask for the defendant’s release on recognizance, which allows the defendant to be released without paying bail but with a promise to return to court.
What is a Bail Bondsman?
A bail bondsman is a professional who helps secure a defendant’s release by posting bail on their behalf. The bondsman typically requires collateral, such as property or cash, in addition to charging a non-refundable fee. If the defendant skips their court date, the bondsman may seize the collateral to cover the bail amount and send a bounty hunter to retrieve the fugitive.
Read Other: Securing a Bail Bond: Steps for Clinton, NC Residents
How Much Does a Bail Bond Cost?
Bail bond fees vary by state but generally range from 10-20% of the total bail amount. For example, in California, the fee is capped at 10%. The fee can either be paid upfront or through a payment plan, depending on the agreement with the bail agency. In addition to fees, the bail agent may set conditions that the defendant must follow until their court date.
What Happens After Posting Bail?
Once bail is posted, the defendant is released from jail, but they must adhere to any conditions set by the bail agent, such as checking in regularly or following a curfew. Failure to comply may lead to the revocation of bail and re-arrest.
What is a Bounty Hunter?
A bounty hunter is hired by a bail bondsman to capture defendants who fail to appear in court. Bounty hunters are compensated with a portion of the bail amount, typically 10-20%, and are tasked with locating and apprehending the fugitive. In some states, bounty hunting is not permitted, and only licensed professionals may engage in fugitive recovery.
Get Professional Legal Assistance
If you or a loved one is facing jail time and you need help posting bail, contact 1 Call Bail Bonds at 615-596-5666 for immediate assistance. The bail process can be overwhelming, but professional guidance can help you navigate it effectively.
