Have you ever watched the TV show Law & Order? It’s a great show focused on the NYPD working on different cases. Sometimes they can put the bad guy away, and other times the success is hard to find.
However, those moments when they arrest a criminal are always met with hesitancy whenever they post bail. But what does that mean?
In our article, we’ll break down how bail works and what happens after you post bond. Continue reading to learn more.
What Are Bail Bonds?
Bail bonds are surety bonds provided by a company or bail bondsmen that secure a defendant’s release before their trial. Once the bond is paid, you’ll be able to leave jail and await your trial at home.
However, if you can’t pay bail, you’ll have to stay in jail until it’s time for your trial. There are different bail bonds a judge can issue, such as:
- Criminal bonds
- Civil bonds
Criminal bail bonds guarantee the defendant will appear in court when it’s their turn to be called and pay associated penalties from rulings. Civil bail bonds secure the payment of debt and other costs against the defendant.
Depending on where you live and your situation, most jails allow you to pay the bond yourself. However, be wary that some don’t accept card payments, and if they do, you’ll have to pay a fee on top of your bail.
How Bail Bonds Work
Arrests can happen at any time, which is why most bail bondsman services are open twenty-four hours a day. After getting arraigned, a defendant has the option to pay the whole bail amount or hire a bail agent, which is what most family and friends do on behalf of their loved ones.
When you hire a bail agent, a contract is drawn up between them and the defendant stating their legal obligations to appear in court once called. The paperwork will also discuss collateral needed to put down on their payment.
Usually, you’ll have to pay about 10% of your total bail cost. So if a judge set your bail at $100,000, you would need to pay $10,000 to leave jail.
However, if you don’t have enough collateral for your bail, the bail bondsman may seek extra collateral from relatives or close friends. Sometimes you’ll need to have an additional cash payment on top of your collateral to secure bail.
What’s Acceptable As Collateral?
While each bonding office will have its own standards for collateral, most will accept various items to secure bond, such as:
- Real estate
- Investments
- Cars
- Jewelry
- Bank accounts
So if you ever get into legal trouble and need to hire a bail agent, see what they deem acceptable as collateral. But if you’re not sure where to hire a bail agent, you can always visit Bail 2 GO, an agency specializing in getting defendants out of jail quickly.
How Can You Get a Bond?
As we’ve already mentioned, there are a few ways that you can post bail. You can either hire a bail bond agent or pay your bail in full. However, you can also get a bond through a judge releasing you on your own recognizance.
A recognizance bond is issued when a judge believes that a defendant will pose no further risk to society and has no bail terms set. Instead, they agree to terms set by the court and guarantee their appearance for court dates.
These bonds usually help individuals save thousands of dollars on legal fees. But if you were involved in felony or gang-related crimes, a judge may not set bail terms at all and have you sit in prison until your trial.
What Happens If You Miss a Court Date?
It may seem like it’s no big deal, but missing a court date can come with hefty fines, especially if you’re out on bail. You will be in contempt of court and will need to pay the remaining balance of your bail.
The bail bondsmen will use your collateral to pay the fee to the court, but the rest of the sum will be out of pocket. So make sure you turn up for court.
When you do turn up for court when you’re supposed to, the bond will dissolve, your collateral will be returned, and the bail agent keeps the 10% down payment as profit.
What About Individuals Who Go On the Run?
If a defendant uses a bail bond agency to post bail and then decides to go on the run, a warrant will be issued for their arrest. When this happens, the bond agent is responsible for paying the total amount to the court.
So how are fugitives located? Through the expertise of bounty hunters. They are trained professionals responsible for capturing and returning runners to bondsmen.
There are many states which have regulations for bounty hunters, although a select few do not. Once they track a fugitive down, bounty hunters get paid 10 -20% of the bail amount.
However, it’s only payable after the fugitive has been brought back to the bondsmen. With the help of bounty hunters, communities can be safer from wrongdoers.
Now You Understand How Bail Works
No one likes getting into legal trouble. However, with a clearer understanding of how bail works, you’ll know what to do if you had to face the situation. Pay your collateral and turn up to all court dates to remain in the good graces of the court.
If you’re interested in learning more about the bail system, check out some of our other articles with legal content.
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