What are Bail Bonds?
Spending time in jail for being accused and arrested for a certain crime is definitely a frightening experience especially for someone who is innocent of the crime. The court still has to prove you guilty beyond reasonable doubt before pronouncing your guilty and so this is something good. IF there are scheduled hearing for your case, the judge may allow defendants to be released until that time. The procedure before the judge releases the defendant is that the defendant has to provide a form of guarantee that he will return to face the charges laid upon him. This is what a bail bond is. The are many forms of bail bonds including cash, property, a signature bond, a secured bond through a surety company, or any combination of forms.
Prior to releasing the defendant, there is a bail hearing where the bail bonds are set. Here, the judge meets the accused person and hears information if it is appropriate to set bail to the person or not. Sometimes, certain types of bail bonds are considered and in these cases, the judge will consider about the accused person’s financial resources and the sources of funds or property that will be used as collateral for the bail bond. Sometimes, another person will post the bail bond for the defendant and in this case, the financial situation of the surety will be considered.
The presence of the surety is required during the bail hearing so he can be informed of his obligations and responsibilities by the judge. The bail can be revoked and forfeited if the accused person fails to fulfill his duties and appear for the hearings and court dates. A surety has to be convinced of the defendant’s ability to fulfill his obligations to the court before posting bail for him.
Bail can come in many forms. Cash bail is paid with cash or certified checks or money orders. When the terms of the bail are met, then the one who posts the bail can collect a refund. Cash or property is not required for a signature bond. It only needs signature on roper forms so that the defendant can be released. Here, there is a need to pay close attention to the conditions or instructions set by the judge.
Bail bondsmen provide corporate security bonds. You only need to pay a small percentage to the bail bondsman and he will pay the total amount of bail that you need. After the defendant fulfills all the requirements of his bail, he receives his refund and keeps the small percentage paid by the defendant. You can also use property bonds to secure bail. With property bonds, you only need proof of ownership and its appraised value and encumbrances against it.
The bail is returned when the defendant meets all the court conditions. It is thus important to make sure to follow the proper steps to have the bail returned to the right person.