If you have a friend or loved one in jail, you don't have any time to lose. In this guide, you'll find out about the cost and process of getting someone out of jail.
What is a Bail Bond?
Any time someone is arrested, there is a period of time between the time they're arrested and the time of the trial. The person has not yet been found guilty, since the trial has not yet occurred. Therefore, the judge will often elect to let the person go free until the trial.
But the judge must make sure the person appears in court on the day of the trial. For this reason, the judge asks that person to put up collateral. Collateral is an amount of money the judge sets - known as a bond - that serves as a guarantee the defendant will return for court.
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The judge considers a number of factors and arrives at an arbitrary amount to require. Depending on the nature of the crime committed and the odds the defendant won't show, this bond could be set anywhere from a few thousand to several thousand dollars. This amount varies widely from case to case.
Most people don't have the bond money to free someone from jail pending trial. In these cases, you must contact a bail bondsman to arrange payment. The bail bondsman will negotiate a fee with you. Once you agree to terms, the bondsman will pay the court the full amount of the bond.
For example, suppose bond is set at $40,000, and the bail bondsman you choose to work with asks for 10%. You'd pay the bail bondsman $4,000. The bail bondsman would pay the entire $40,000 to the court, assuming some of the risk. Meanwhile, the person in jail goes free because the bond has been paid in full.
What Happens If the Defendant Doesn't Show?
If the defendant doesn't show up for the trial, the bail bondsman has a right to pursue the defendant and require payment. The bail bondsman would likely hire a bounty hunter to find the defendant. The bail bondsman also has a right to sue in court for the full amount of the
When a defendant is arrested, one of our bail bondsmen will post the client’s bond. The defendant is then accountable to the bondsman until the case is over. If you don’t show up for your court case, fail to pay the bond, or get charged again while out on bond, our bondsmen can arrest you.
There is no standard amount for bail bonds. Instead, a judge will set the jail bond amount for each particular defendant based on a variety of factors. Some factors that affect the amount are the severity of the charges, how many chargers
The court is the second component of the justice system – once the suspect is arrested, s/he is referred to as a defendant. It is now up to the court to decide if the police had enough evidence for probable cause for arrest – if the determination is positive, then the defendant gets an opportunity to plead innocent or guilty. Once the court establishes that the defendant is innocent, s/he is released; on the other hand if the defendant is found guilty the court decides the type of punishment and then the defendant is turned over to the Corrections for the follow up of the punishment.
The person who put up the collateral or paid the bond might have to secure the services of the apprehension agent, which means more money out of their pocket. This means that if your loved one doesn't appear at all their court appointments, they can be considered a fugitive. You can help the bail bonds agent find the person by providing information as to their whereabouts. Skipping bail is very serious and could mean a guilty verdict will extend their jail time.
The suspect usually receives bail, but in this case I believe that an arraignment will come first due to the legal status of the defendant.
The process of bailing someone out of jail refers to the amount of money paid to the court to release the prisoner. Once the prisoner is released, the bail helps to ensure that the defendant shows up for their court date. A prisoner who doesn't show up for court can cause the bail to be forfeited. Often, defendants will show up for court because they don't want their loved ones to lose their money. Bail varies depending on the crime, the defendant's
Release of an accused pending trial on the accused’s written promise to appear at all required court proceedings is a mode of pretrial release known as the accused’s personal recognizance.
When a person is held for trial, they are often given the opportunity to post bail. Basically, bail is a financial incentive, supplied by the accused, to ensure that they will appear in court on their appointed date. For example, a person accused of a robbery might be required to pay $25,000 to the court in bail. When they show up at trial, this money is refunded. If they don't show up, that money is forfeit.
Bail bonds have been the subject of many research articles. One particular aspect of bail bond procedure, however, has been somewhat under investigated. This is “the enforcement and collection of bail bond forfeitures” (Gambitta & Hitchings, 1983). A bond forfeiture occurs when a defendant or arrestee fails to appear in court. It is “the encasement of the guarantee by the beneficiary under the terms of the agreement” (U.S. Legal, n.d., Widgery, 2013). The judge can determine during a hearing if the defendant had a good reason for not appearing in court. If not, the judge can issue a warrant for the defendant’s arrest. If the defendant cannot be found, the court can move forward with bond forfeiture (Widgery, 2013). Hakes (1965), Clipper, Kaplan,
There are many different aspects of the criminal justice system. Each part of the criminal justice system has their role to ensure that the laws are being upheld. When an individual has committed a crime they are taken to a central location, which normally is a jail and booked under charges that pertain to their arrest. However, there are instances where individuals are not arrested and a judge has issued an arrest warrant and the individual has the chance to turn themselves in. There are times when an arrest warrant is being issued and the defendant’s lawyer will make arrangements for the defendant to turn themselves in while their attorney is present.
The next step in the system is initial appearance. Here they are given formal notice of the charges against them and advised of their rights.(Bohm & Haley, 2008, p. 13) The movie included this in their depiction of the criminal justice system. In the movie they called it the arraignment. The arraignment is where the defendant either pleads guilty or not guilty. During this stage the bail is also set which was also done in the movie. In the movie the set the preliminary hearing for the next morning in which the witnesses testified to what they saw and heard. This allows the judge to decide if there is probable cause to make and indictment. Based upon the information we have learned it seems that the arraignment should have happened after the preliminary hearing and that the
The suspects remain there until they appear before a judge, or they post a jail bail bond. Bail Money Bail Bonds provides insured bail bonds for people arrested throughout the state.
With bail bonds companies, a bondsman accepts a certain percentage of the bail money needed, and in return, they will post the rest for the individual charged of crime and awaiting their day in the court system. What has changed is that in the past, only those who had enough funding or property could post their bond as security and be released as the trial was pending. Eventually, business-minded individuals of the middle ages realized that because they had enough capital, they could offer a form of security in the defendant's name, and they received a percentage as insurance. When using a bail bondsmen, there are extra fees involves, which is how these organizations earn a profit from their practice.
This can mean that you will be able to get out of jail quickly enough that you can still get to your job on time, which is very useful because it means that you will not get in trouble and potentially lose your job over the arrest. In addition, this can help you keep the knowledge that you were arrested to a minimum as no one will notice anything out of the ordinary when you get out of jail that
When an individual is taken into custody, they are initially brought into the first available court so as to judge if they should still be held in custody or be released on bail. Now the case with Bob is that he has been in trouble with police several times and is currently arrested on suspicion of burglary . This shows that chances of him getting a bail are next to nil. Bob is a threat to public order owing to which he will not be granted bail. On the other hand, Sue is in custody on charges of shop lifting will also be denied bail as she too is a threat to public order having just released from Bridge Hospital for treatment of emotional and mental health issue. Both can be granted bail if they are able to adhere to the condition of bail.