Bail bond

A bail bond is a specialized type of surety bond, used to obtain the release of a criminal defendant who has been required to give bail. Once a bail bond is posted, the suspect is released from custody pending the final disposition of his case. If the suspect does not return for trial, the surety (usually a bail bondsman) forfeits the money or other property deposited with the court. Therefore, if the suspect "jumps bail", the bail bondsman usually employs a bounty hunter to seek out the suspect so as to avoid a forfeiture. Fees charged by bail agents vary, but 10% of the amount of the bond is typical. Bail bonds give arrested individuals who cannot afford the full amount of the bail a means of obtaining the required capital rather than remaining in custody until the case goes to trial.

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An alternative to the traditional surety bail bond is the signature bond or recognizance bond, in which the defendant signs a promise to return to the court for trial, with the possibility of the entry of a monetary judgment against him if he fails to do so, but is not required to deposit any cash or property with the court. This type of bond is frequently allowed to defendants with no criminal history, or those who are charged with minor or non-violent offences and who are not regarded as a flight risk.

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Bail is an amount of money or property deposited by an accused person with a lawcourt, for release from custody. If you are arrested and charged with a crime, you may be required to post bail before the police will let you go. The bail is a kind of insurance to guarantee that you'll appear in Court for your trial. If you are accused in a criminal case, or if you are accused of violating a court order, and you do not appear in court when ordered to, your bail money is forfeited--that is, it now belongs to the court. Bail may be posted in cash or in property, by the accused or by someone on his behalf.

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Most but the most serious crimes, punishable with death in some cases, are bailable. The amount of bail you'll have to pay is set by the court. Sometimes the arresting agency--the police themselves or a court clerk sets bail for the crime, based on a printed list supplied by the court.

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If a judge sets your bail the amount of bail is based on several different considerations. This amount has to be large enough to make failure to appear in court not worth it. The seriousness of your crime is also a factor in determining the amount of bail, and so is your employment history and position in the community. Also considered are your length of time in the community, your past record, and whether or not you have hired an attorney to represent you. Having a lawyer is usually perceived as higher likelihood of appearing in court to defend oneself against the accusations levelled.

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There are three ways to make a bond. The most often used way is to use the services of a bail bonding company. Their names and numbers are often posted in jails. The service they render is to act as a surety. If you pay them a set fee, generally about ten percent of the bond, you get out of jail, and then the bonding company serves as a surety, to insure to the Court that you will appear when you are supposed to. The disadvantage to this means of posting your bail, is that the fee you pay to the bail bonding company is not returned. It works in much the same way as an insurance premium.

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The most economical way to get out of jail is to post the full amount of the bond in cash. The Court will then hold the cash until the case is concluded. If you appear in court as instructed, the bail will be returned to you.

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A third way which often makes sense when the bond is high, is to post a property bond. It is a complicated procedure, and requires the services of a lawyer. It involves putting up your real property, or someone else's, to guarantee that you would appear in Court as instructed.

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Sometimes an accused person will be released on his own recognizance ("OR" in short). This means being released without any bail being put up, promising to appear in Court at the appointed time. The same considerations are made as with setting bail--that is, one's standing in the community, employment record, past history of arrests, etc. A release like this places you on your honor to appear in Court for your trial, and if you fail to appear, you'll be charged with failure to appear--a completely separate offense.

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Bailbondsmen usually have offices near the police station or the courthouse or the jail. You can make arrangements for bail through any friend or relative who is willing to contact the bondsman for you. The criminal justice system usually encourages accepting the offer to be bailed out to abate overcrowding in jails or other clogs.

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If you are arrested, it is wise to consult your attorney first, before making bail arrangements. An attorney may be able to get you released on your own recognizance, and spare you from gathering money for the bail.

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However, the court usually prefers that a bondsman should write the bond, since someone else is standing up for the appearance of the defendant. Also, it keeps the jails from being overcrowded, and the police from having to do all the work when a defendant does not appear in court. Therefore all groups involved win if a bonds man, other rather a bail bond agent, is involved. The defendant does not have to wait, the police do not have to hunt and the jails stay empty enough for people accused of the most serious crimes.

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Surety bond: A surety bond is a contract between at least three parties: (i) the principal, (ii) the obligee, and (iii) the surety. Through this agreement, the surety agrees to make the obligee whole (usually by payment of money) if the principal defaults in its performance of its promise to the obligee. The ...

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Bail bond related Images and Photos (experimental)

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