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Bail is an important part of the criminal justice system of America. Whenever a person gets into jail, the first thing that comes into mind is how to get out of it fast. The common way of getting out of jail is to post bail.
Posting bail is not easy, but this does not mean that it is impossible to obtain. You should understand the different state laws on bail. Knowing such will help you in posting bail or becoming a bail bond agent.
Bail system
Bail works by releasing an accused in exchange for money. The court will hold such an amount until the hearings and other proceedings will finish. The money will serve as a security that the accused will show up during a court trial. If the accused does not appear on the set date, then he will be guilty of not following the bail order.
Once a person is arrested, he will be booked at the police station. During this process, the police will ask for information from the accused, such as name, address, birthday, and his version of the alleged crime. The mugshot and fingerprints of the accused will also be procured by the police.
An accused may be allowed to post bail on a bail hearing. The amount of bail will depend on the discretion of the judge who will hear the application for bail. The judge can require a $500 bail for a non-violent misdemeanor. Felonies have higher amounts of bail.
The amounts mentioned above are called bail bonds. The bail bond acts as a surety bond. The bail bond is consigned to the court by the bail bondsman. Again, this amount will serve as a security for the appearance of the accused during hearings. Bail may be cash, check, property, or a bond posted by the bondsman.
During the determination of the bail, the judge will take into account the amount, the criminal record of the accused, and the community ties. Community ties help the judge decide whether the accused will pose a danger in the community if he or she goes out on bail or not.
Who can apply for bail
Usually, the accused might be allowed to immediately post bail after being booked. If not, then the accused will wait for 48 hours, or more, for a bail hearing. The judge will decide whether the accused can go out on bail or not.
Types of bail
Here are the types of bails:
1. Surety bond
This bond is also called a bail bond. A third person is responsible for the attendance of the accused. This type of bail is useful if the accused cannot afford his bail or the monetary obligation that comes with the crime he or she allegedly committed.
A relative or friend may pose as a surety. However, the accused can hire a bail bondsman who becomes his or her bail agent. This bail agent is under an insurance company and commits to paying the full bail amount if the accused does not appear in court for hearings.
Always ask for identification and license if you want to deal with a bail agent. The bail agent can charge the accused 10 percent premium for the bail bond, and other charges. Ask the agent to explain all the charges to you. He can also collect collateral from the accused, such as a car, jewelry, electronics, and house. The accused should find a fast bail service to cater for his bail needs.
However, take note that not all states in America allow commercial bail bonding. States, such as Illinois, Wisconsin, Kentucky, and Oregon do not allow such commercial bail bonding. If your location allows such, then you can look for an agent online or other phone book listings.
2. Cite out
There are cases where the police officer will not book an accused. Instead, he will issue a citation indicating that the accused must appear in court on a specific date. Cite outs occur right after an arrest was made. No financial security is taken when citing out.
3. Recognizance
The court may also allow a person to go out of jail on his recognizance. This type of bail means that the accused is responsible for showing up before the court for all hearings and avoiding any illegal activity outside of jail. The accused should also avoid doing the prohibitions imposed by the court.
Recognizance is only allowed if the court sees that there is no flight risk for the accused. The persons allowed to get recognizance are minors and those who committed nonviolent crimes. The court will set the monetary amount. However, the accused will not pay such an amount, unless the court rules otherwise.
4. Cash bond
When the court imposes a cash bond, the full amount of bail shall be paid as bail. The court will hold the money until the proceedings are over. The court usually imposes this type of bail if the accused is a flight risk, if there are unpaid fines, or when the accused failed to appear on one of the hearings.
This type of bail is a disadvantage for the accused. Once he fails to appear for any hearing, the cash is forfeited to the benefit of the court. After, the court issues a warrant to arrest the accused. If the accused posts his bond, his fines and other costs will be deducted from the bond.
5. Property bond
Aside from a cash bond, the accused can post a property bond. Through this, the court will charge a lien on the property in the amount of the bail. If the accused does not appear for any hearing, then the court may foreclose such property.
Takeaway
If you get caught for any alleged crime or you know someone who needs help in getting bail, do not hesitate to ask help from a lawyer or a bail bonding company. They will explain everything you need to know about bail. If you or someone you know cannot afford to post bail, then a bail agent might be able to help you.
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This content is brought to you by Belinda Anderson.
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