The topic of bail bonds is rarely discussed. Hence, much of the general population is completely ignorant about the subject. However, it is safe to say that it is a rather significant topic nonetheless. One never knows when misfortune will befall him and he will be arrested. It is then that bail bonds become highly important. Bail bondsmen or bail agents are licensed individuals who have been permitted to aid detained individuals by offering them bail on certain terms and conditions. They are called in for cases where the detainee is not being released on his or her own guarantee or the bail amount that has been fixed is too high.
How Bail Bonds Work
When a person is brought in on any charge, the arresting authority first reviews the charges filed and the individual’s past criminal history, if there is one. This is done to review whether the individual is a suitable candidate for receiving bail, and if so, what should be that amount at which it will be set. A jail bond depends on the severity of the charge, whether the detainee has a previous history of crime and the number of times he has been charged in the past. The type of jail bond also relies on this information.
In certain situations, depending on the circumstances, a jail bond may not even be required. If the detainee has an otherwise clean and respectable reputation, he may be released on his own recognizance. However, on the other hand, if the person detained is considered a potential threat to society or is a probable flight risk, the court may refuse to grant him bail, in which case, he has to stay in jail till his scheduled court hearing takes place. Even then there is no surety that the Judge will grant bail.
Bail bonds are more complicated than they appear to be. The bail agents are required to have bonds on file with their local courts. Thus, there is no use to secure bonds for individual clients anymore. Usually, the bail agent will interview the detainee thoroughly before granting him with bail bonds.
When a defendant contacts a bail bondsman, the bondsman aids him through the process of obtaining bail. However, prior to helping the detainee through the bail process, the bail bondsman conducts a routine interview with the person detained to determine whether the candidate is trustworthy and suitable for bail bonds. This is done to lay down the security of the detainee. This is beneficial not only for the bail bondsman but also for the agent of the defendant. A wide area of questions will naturally be covered in the course of the interview.
Sorting out the Bail Details
Bail bondsmen always make sure that the person arranging for the detainee’s bail is well aware of the risks of posting the bail, be it a family member or a friend. Moreover, the relationship between the defendant and the co-signer or the guarantor helps the bail agent assess the nature of the relationship existing between the two and consequently, the chances of any possible flight risk taking form. The bail agent will also inquire as to the mode of payment through which the bail will be posted- cash or credit. Previous work history and other such factors will weigh in on the agent’s final decision.
How Bail Withdrawal Affects the Detainee
In case the terms and conditions of the bail contract for the specific bail bond is violated by the defendant, the court or the bail company has the right to revoke the bond. A fresh contract has to be drawn up once again by the defendant, almost always with a new bail bonds company, to obtain the required bail amount. In other words, a new bail bond premium has to be introduced. This can be a rather expensive and no doubt, tedious process. Being fully aware of the “terms of release” is thus extremely important to refrain from committing silly mistakes. It is always a good idea to have an in-depth clarification with the bondsman prior to sealing the deal.
Problems Faced in Acquiring a New Bail
If the bail granted gets revoked by the chesterfield bail bonds company, the defendant has to try again for fresh bail. However, this is a very complicated procedure. Besides the procedure being expensive, the court may not be willing to offer a new bail to the detainee in view of his previous violation of a bail, which may leave a stain on his conduct and credibility. This results in a very tough situation for the detainee, as he has to pay the bail fees and also await trial in prison. This defeats the very motive behind securing the bail agreement in the first place. In case the court does grant a fresh bail, the price is set much higher than the one initially agreed upon.
A bail bond is designed and implemented by the Criminal or Traffic Department. Once the bail is posted, the prisoner is released and the indemnitor is responsible for the detainee from then on. After the trial, the bail money is returned to the depositor, unless the Judge handling the case decides differently. Thus, a bail bond agreement simplifies an otherwise complicated procedure for the defendant. With more and more individuals opting for such agreements, bail bonds have also branched out into different categories.
Kinds of Bail Bonds
The topic of bail bonds is a rather extensive one. With their ever increasing popularity and reliability, it is highly important that detainees waiting for trial and their near ones learn and understand the various types of bail bonds and their features and significance. Cash bail is the amount of bail that is paid for the release of the defendant from jail. The defendant is required to make the payment till the trial is completed. This kind of bail is only granted in case of non-punishable offences. Next, the surety bail is paid by the indemnitor to establish guarantee that the defendant will clear all that he owes to the respective investor or bank. If the defendant fails in upholding this, the guarantor will have to pay the principal debt along with interest. Recognizable bail does not always require bail money. It is simply defined as the word of the defendant to ensure his regular presence at every trial. A signature bond is one which establishes that the detainee will show up at his hearings, or else he will have to pay a fine.
Surety Bail Bonds
The main essence of a surety bail is that the bail bonds agency promises compensation in case the detainee goes against his bail terms and is absent at his court hearings. The net worth and personal credibility of the detainee play a major role in obtaining a surety bail. This kind of bail is issued solely on good faith of the defendant and hence, most banks are hesitant in providing surety bails because of their high risk factor. The bond agents who are authorized and experienced enough to grant surety bail are specialists and they have to make sure that the defendant shows up to each and every one of his court hearings. Surety bonds are fast being substituted by other kinds of bonds due to its unsure nature.