According to the American Bar Association, bail is the amount of money a criminal defendant must post with the court to be released from jail until their trial date or earlier if the court orders.
Bail is not a fine, nor under the constitution can it be used as punishment for the alleged crime.
Purpose of Bail
The primary purpose of bail is to make certain the defendants will appear for trial and all pretrial hearings for which they are ordered to be present. Bail is returned to the defendant or the one (usually a family member) who posted bail when the trial or plea bargain is reached and which terminates formal proceedings against the defendant.
How is Bail Set?
Bail bonds are usually set based on a specific schedule and at the judge’s discretion.
Bail Schedule
Depending on the offense and state rules, the bail amount may be fixed per a pre-established schedule of offenses and required bail amounts.
The schedule of bail bonds for all bailable offenses, as it’s known, can be affected by the case specifics.
Bail At Courts Discretion
In more severe charges, the judge may post bail at arraignment. The judge will keep the schedule in mind when determining bail.
Public Safety Concerns
A judge’s primary concern is the safety of the public. Bail amounts may be set high or even denied if the crime is sufficiently severe.
In addition, the court must be convinced that the bail funds were not obtained through a criminal act. The purpose here is to prevent drug money from being used as bail.
Your attorney or the bail agent can obtain additional information on the bail-setting process.
What Do Bail Agents Do?
Bail Agent’s Job Is Varied and Complex
A bail agent’s primary responsibilities include the following:
- Coordinating release for the arrested person until their next court appearance. This permits the detained individual to assist more efficiently in their defense, return to work, and continue daily living.
- Upon the arrested person’s release, the bail agent should explain the full details of the bonding process. The licensing agency may require this explanation to be bonded.
- The bail agent should verify with the defendant all court appearances he will need to be personally present for and ensure the defendant attends.
- If the arrested individual goes missing, the bail agent should help locate the defendant and return them back to the jurisdiction.
- When necessary, the bond agent should be present in court to provide information concerning the defendant’s status and bond agreement.
- Bail bond agents should also be familiar with the laws and holding procedures and have a working relationship with the local jail.
- If any property is supplied as collateral, the bail agent should follow up with the lender or the court to ensure that the property is promptly returned when proceedings end.
Bail Bond Agreements and Conditions
Bail bonds have conditions of their own that can vary depending on the type of bail bond, the restrictions of the court, and the bail bond agreement.
One necessary condition of bail is the obligation to appear at all court-ordered hearings as required and on the day of trial. Bail for release, appeal procedures, and parole applications can limit the defendant’s travel within a particular area.
Bail Bond Agreement
Bail agents also have the right to impose their own restrictions on the defendant and which is set out in the bail bond agreement. For example:
- Reporting in with the bail agent on a regular basis and making sure you attend scheduled meetings with court officers.
- If the defendant has a drug problem and refuses treatment, a bail agent can make treatment completion a bond requirement. An agreement with this condition, if violated, can send the defendant back to jail. Mandating treatment in this manner can ensure that the defendant gets needed help.
- The bail agent can insist you continue your employment.
A bail agent in your area can provide additional details about their job responsibilities and the nature of their work.
Types of Bail Bonds
Most people do not have the available cash to post bail. What is typically used to secure the bond is real property or some other form of collateral. Bail professionals will provide options on how best to secure the loan.
Cash Bonds
Cash bonds require the entire bail amount to be paid in cash. In this case, there is no third-party lender involved. The court holds and restricts the total bail amount until the case is concluded.
The downside to posting a cash bond is that depending on the amount and availability of cash, the amount posted can tie up necessary living funds and savings.
Once the case is finalized, the bail is returned to you minus a small processing fee.
Failing To Appear on Cash Bonds
However, should the defendant fail to appear for a required court appearance, it will result in the forfeiture of the cash bail. The court can, at its discretion, immediately issue a warrant for the defendant’s arrest.
Return of Cash Bond
Before the return of a cash bond involving drug trafficking, many states require the accused first prove that the bail money posted was not from drug trafficking.
Property Bonds
Depending on your jurisdiction, you can secure release through what is known as a property bond. This type of bail is secured by real property.
Appraisal of Real Property
Some bail agents require that the real property appraises for at least twice the bail amount. This means that the real property’s equity is twice the amount needed for the defendant to make bail.
In many jurisdictions, there will be an appointed appraiser that will assess the value of the property. In other jurisdictions, the bail agent may accept a certified tax assessor’s statement of property value.
All Real Property Owners Must Sign the Loan
All property owners listed on the deed must execute a separate contract agreeing to use the real property as secured collateral to guarantee the accused will be personally present at all required court appearances.
What if Defendant Flees?
If the accused flees, the court will order foreclosure proceedings to commence on the real property.
Surety Bonds
Surety Bonds are like miniature insurance policies. A surety bond involves a series of contracts between the bail agent and the surety company. The process begins with having a bail application completed.
Surety Bond Requires Interviewe of Defendant
The bail agent will then personally interview the accused to determine the flight risk and which will affect the surety bond’s cost.
Surety Bond – Additional Collateral
Surety bonds usually demand a premium percentage of the bail’s total amount. In addition, the surety company may require additional collateral to secure the loan further.
Immigration Bonds
Immigration bonds, like other bonds, guarantee the appearance of an individual charged with a crime. Bonds for immigration charges can be posted with Immigration Service instead of the correctional facility or court.
Immigration Bonds are Treated Differently
Immigration bonds differ from standard court bonds due to the difficulty they present for the bail agent. Specifically, the defendant can attempt to flee the country, making the search and capture of the accused more complex and expensive. Due to this added risk, the cost of immigration bonds can be relatively high.
- In addition, the bail agent must purchase a special causality insurance license to be able to issue immigration bonds.
- Bonds posted for immigration charges are also subject to immediate forfeiture should the accused not appear in court.
Consulting With A Bail Agent
