Bail is supposed to be used as a way for the courts to ensure that defendants show up for their court dates. If they don’t, they risk having to pay their bail money back.
To post bail, a person can get help from a bail bondsman or use money or property they have pledged as collateral.
What is Bail?
A judge sets bail after examining the defendant’s criminal history and the nature of the charges. The Eighth Amendment forbids excessive bail amounts.
People who don’t have the money to pay their bail can hire a bond company to post a surety bond on their behalf. In exchange for a fee, the bond company guarantees to the court that the defendant will appear in court as scheduled.
The bond company requires collateral such as cash, stocks or property to secure the contract they also typically require the defendant to call them prior to each court date and make periodic check-ins with them to ensure that they have not skipped out on their bail they must take these precautions because they are responsible for paying the court the full amount of the bail if the defendant fails to show up in court.
How Much is Bail?
The amount of bail a person is required to pay depends on the crime they have been charged with. The judge hearing the case has considerable leeway in setting bail. They often take external circumstances into consideration, such as whether the accused person has family nearby.
People who cannot afford to pay the full amount of their bond can have friends or loved ones post it for them. The loved one will usually be asked to put up some form of collateral such as a car in order to do this.
The fees that bail bondsmen charge are regulated by the state and vary widely from place to place. It is important to research different companies before choosing one. The company you choose should not charge more than the legal premium.
Who Can Post Bail?
Anyone who is able to pay the full amount of their bail can do so at the courthouse the court will then return the entire sum if the defendant shows up for every court date and complies with other conditions set by the judge. Anyone can post bail for someone, if you post bail for someone can you revoke it depends on the court’s decision and the defendant’s actions.
Those who do not have the cash on hand can hire a bail bondsman to pay their bond for them. A bail bondsman charges a fee for this service that is typically 10% of the total bond amount.
A person who posts a bail bond must sign a contract that ensures they understand that they are responsible for making sure the defendant appears in court. They must also pledge something of value called collateral (such as cash, property or the deed to a home) that the bail agent can keep if the defendant fails to follow through on their promise to appear in court.
What Are the Conditions of Bail?
The conditions of bail are meant to ensure that the accused returns to court for trial and other proceedings. They may also include other restrictions, such as keeping away from places where the offence occurred and/or from people who were involved in the case.
Bail bond agencies will also require that the accused person pledge any collateral they have, such as property or money to them this makes them less likely to skip bail and avoid the consequences of missing a court date.
However, if the accused does decide to skip bail the court will keep any money or property that they put up, and it may issue a warrant for their arrest. Therefore, it’s in everyone’s best interests to stick to the conditions of bail.
Are There Alternatives to Bail?
There are many alternatives to bail, which can be useful for defendants who want to keep their jobs and meet other family and financial obligations while awaiting their case. A citation release, for example, allows accused defendants to remain at home while being monitored by police officers.
Defendants who choose this option must still pay a non-refundable 10% fee to a bondsman, but they are not responsible if they violate their release conditions. Other options include a property bond, in which a piece of property, such as a house or car, is put up for collateral and an immigration or federal bond, which is usually much higher than a regular bail amount.