Important Things to Know About Bail Bonds
If you are accused and arrested for a crime, you might have to spend some time in jail which is not a very good experience. 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. A bail bond is what the defendant needs to provide the court for his release. 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.
There is a bail hearing before the bail bonds are set. In this bail hearing, the judge decides if bail can be granted to the defendant or not. Sometimes there are certain types of bail bonds that are considered but here the judge will first consider if the accused has the financial capacity or properties to use for collateral for the 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.
This surety must be present in the bail hearing so that he can be informed by judged of his obligations and responsibilities. The bail can be revoked and forfeited if the accused person fails to fulfill his duties and appear for the hearings and court dates. It is important for a surety to have confidence in the defendant 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.
You can also use corporate security bonds which can be secured by bail bondsmen. In this arrangement, the bail bondsman pays for your bail while you pay him a small percentage of the total amount. This small percentage paid to the bail bondsman will not be refunded even if the defendant meets all the conditions of his bail. Property bonds can also be approved by a judge as a collateral to secure a bond. With property bonds, you only need proof of ownership and its appraised value and encumbrances against it.
Once all the conditions of bail are met, the bail is released or returned. Defendants need to fulfill all their obligations to the court in order for the bail bond to be returned to the provider.