October 5, 2018

Bail Bonds – An Alternative to Jailing

Generally, anytime a person is arrested by law enforcement officers, it is either the person is released without charge or the individual is charged. When the individual is charged, there are two possible outcomes: the arrested and charged individual can regain freedom upon requesting bail, or the request can be declined and the individual held in custody for the duration of the trial.

Bail Bond

It is not uncommon to hear jail and prison used interchangeably. Although they are both places of confinement, they differ slightly. Jail is usually a temporary confinement where people awaiting trial or those arrested for minor offenses are held. Prison, on the other hand, is where convicted criminals, especially for serious crimes, are confined and it requires a higher level of security as opposed to a jail which can be at a police station. You can read this article to understand the differences between a jail and a prison.

For people who have been charged and are awaiting trial, they are presumed innocent until proven otherwise so they have an opportunity to regain their freedom via the instrument of bail.

What is Bail?

This is written permission or a set of pre-trial restrictions imposed by a court on a suspect that allows them to be released from jail while awaiting their trial or at some other times, withdrawal of charges. It is a conditional release used as an instrument for the suspect to conform to the judicial process with the promise that they will be available in court when they are required.

All over the United States, an accused person is allowed to post bail, allowing them regain their freedom pending the time their case is determined in a court. There are however exceptions to this. In a situation where the person is deemed a flight risk, the offence committed is considered to be very serious or the individual is considered a threat to the society, bail may be denied.

A person out on a pre-trial release will be restricted somewhat and will usually not be able to travel from the jurisdiction where they were arrested. They can work, spend time with their family, and have time to prepare their defense. For people arrested based on drug and alcohol-related charges, they may be restricted from consuming alcohol.

In the U.S, bail typically implies a bond which is a deposit of money or property to a court by the accused. If the accused does not return to court for any reason, bail is forfeited and the person may be charged for failing to appear. If they do return to court, it is returned when the trial is done. You can learn more about it here https://en.wikipedia.org/wiki/Bail.

How the Process Works

When a person is arrested, they are taken into custody and booked in a police station. This means that their personal information is taken and recorded including the crime they are alleged to have committed. The law enforcement officer runs a background check, takes mugshots and fingerprints then proceed to seize whatever inventory or personal items that is on the suspect. The defendant is also allowed to make a call and is then put in jail.

For minor crimes for which the bail amount is predetermined, the defendant might be allowed to post bail immediately they are booked. For more serious crimes, the suspect will need to wait for a hearing where it would be determined if they are eligible for pre-trial release or not and if they are eligible, at what cost.

A lot of the time the cost is usually dependent on how severe the crime committed is and the judge’s discretion. In some other jurisdictions, the amount is based on a standard schedule. Also, before a judge can set the bond, s/he has to know if the accused was arrested with or without a warrant. If it is without a warrant, the judge will need to determine if there was probable cause for the arrest and may release the suspect based on their recognizance if there is no probable cause. The defendant’s lawyer may be present to argue that there was no probable cause.

When there is a warrant or a probable cause for the arrest, the judge informs the accused of the charges against them and the maximum punishment for each charge. From here the judge will determine amongst other things if the accused is eligible for a pre-trial release and if so set an amount for the bond.

Paying for Bail

Bail Bond 2

There are many ways to pay for bail but most are made in cash. Other acceptable methods of payments include traveler’s checks, credit or debit card, money order, or cashier’s check. Posting bail can be quite difficult because the costs can be high. This in part is to discourage suspects from not showing up for trial. For this reason, most people use bail bonds as a means of payment.

Bail bonds are a form of payment that is provided on behalf of an accused person by bail bond agents who are also known as bondsmen. Bondsmen are in the business of paying bonds on behalf of defendants. They stand as surety for accused persons and pay in full the bond amount. The defendant, on the other hand, pays the agent a fee and provides collateral in form of real estate, stocks, jewelry, or other forms of valuables.

There are different types of bail bonds that are available. They include:

Cash bonds: This is quite simple to use especially when the amount is small. They are acceptable if the accused did not come to the court before, or if they have unpaid fines.

Percentage bonds: In this case, the presiding judge believes the individual should pay only a percentage of the bail. The rest of it is imposed only if the defendant does not show up for trial.

Property bonds: In a case where the bond is too high, a defendant can make use of the title to a real estate or property to post the bail.

All of the above and more are some of the services you can expect to get from a reliable bail bondsman. You can check here to find out more about locating reliable bondsmen in Baltimore Maryland.

Conclusion

For every accused person, there is the possibility of getting a pre-trial release so that they can maintain their freedom and focus on whatever they need to do including preparing their defense. This will come at a cost and though it may be high, bondsmen will help with the burden so that you can give attention to what matters.

All you therefore need to do is to take your time and find a suitable bail bond service to work with.

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