People who are arrested often can get out of jail before their trial. Typically, a judge sets bail for suspects after considering their criminal history, the nature of the crime, and more.
Bailed-out suspects must agree to abide by the terms of their release. This may include pledging collateral, paying an upfront fee, and following court dates.
Collateral
Bail is a deposit of money that a defendant makes with the court in exchange for being released from jail before their trial. The courts set bail amounts based on the severity of the crime and their assessment of the risk to society or others, among other factors.
Typically, the bail amount is too high for an accused person to pay out of pocket, so they use a bail bond company to secure their release. This type of surety bond requires collateral in cash, property, or other assets pledged to a Bondsman.
A bail bondsman takes a 10% fee for this service, and the court gets 90% of the total bond amount. If the accused person fails to appear at any scheduled court dates, they forfeit the total bond amount to the bail bondsman, who must then hire bounty hunters to find them. This can be extremely costly to all parties involved.
Court Dates
The judge will determine whether you can be released on bail during your arraignment. They will consider various factors, including the charge’s severity, family ties, and financial situation. They will also look at whether you are considered a flight risk.
You may be required to pay cash bail or property bond to secure your release from jail before your trial. A property bond is when you pledge valuable assets, such as a home or car, equal to your bail. The court holds these assets until you attend all your scheduled appearances and the case is resolved.
A good bail bond company Allentown PA will always ensure you have your paperwork and know the court dates you must meet. They will help you keep up with your appearances so that you are forgiven when the case is over and your collateral can be returned.
Fees
A bail bond is a deposit or promise to pay money for an arrested person. The court sets bail to ensure the accused returns for their trial and other required court proceedings. If the accused skips bail, they forfeit the money or collateral, and a warrant is issued for arrest.
When the courts set bail amounts, they are supposed to consider whether that amount will pose an undue hardship on the accused and their loved ones. However, many courts ignore this requirement. Those who can afford to pay bail are released from jail, while those without the means languish in custody.
Bail bond companies charge a non-refundable fee of 10 to 20 percent of the total bail amount for their services. For those on a low income, this is a tremendous financial strain, so they may need the help of friends and family members to post bail. The bondsman may also require a property bond which places a lien on the defendant’s property that can be seized if they fail to appear in court.
Reliability
If you choose to use a bail bond company, they will sign a contract known as a surety bond with you. They are liable for the entire bail amount if you appear in court. For this reason, they will go to great lengths to ensure you show up for your scheduled court dates. This includes regularly checking in or physically taking you to the courthouse.
Bail is set in cases where the judge believes that the only way to ensure that the defendant will return for their court date and follow all terms of their release is to require someone else to pay on their behalf or pledge property as collateral. This is a fundamental flaw in the justice system that should be changed, but until then, many low-income people languish in jail because they can’t afford to post bail. A bail bond agent can help with this issue.
