Bail money is actually the amount of payment that is paid to the court as a guarantee that the defendant will appear in court at a given time. If a person gets arrested, and there is some time in the court announcement, then he could be released from jail. To make it happen there is some amount to be paid to court that is called bail money. The amount to be paid as bail money is different in all cases.
That depends upon a lot of factors and could be decided by a judge only. For the decision on bail money, there are a lot of factors that a judge keep into consideration.
Like the criminal history of a person or the severity of the crime. In case the defendant doesn’t appear in court at the given date and time there is no option to get back your bail money.
Furthermore, a warrant of arrest will be issued again. But if a man does appear in court at a given time, the person who paid bail money will get it back. But there will be a minor administrative fee to be paid for it. Here in this article, we are going to know all the conditions of bail money and ways to get it back.
What is the purpose of bail?
Bail allows the defendant to get released from the day up to the day of trial. On the condition that he will appear in the jail at same time. Besides this, there are different purposes for which bail is being done:
- It gives the defendant a little bit of freedom and to spend some time out of jail.
- By moving back to jail defendant could collect some reliable data that could keep it protected in the trial and prove it innocent in court.
- It keeps jails free from overcrowding. When defendants are allowed to be released a good number of people could be reduced from jail.
- The defendant could get a better selection of its lawyer and his assistance in the preparation of documentation.
How bail bond works
A bail bond is the name of a contract between a defendant and a surety company. As there is an adequate amount to be paid for bail. But by following the bail bond defendant could be released from jail by paying only a fraction of that amount.
When you work for the bail through bail bond have to charge 10 to 15% of the money in advance. That will be given to that agent but will not be refundable. It is beneficial in one way. That surety company represents the submission of the full fee by getting some service charges and you can get bail in a minimum amount.
But in case, if the defendant does not appear in court at a given time, the agent has to pay all that amont then. And in these situations, bail bond agents or surety companies use some hunters to find that person to present in court.
And if the defendant gets to appear in court, the surety company or agent is free from the obligations then. It is a point to be noted that the defendant gets an in the way of the bail bond to ensure his release from jail. To complete some important purposes to prove himself innocent.
Now here we are going to have a look at some types of bail. in addition, how all of these work.
Security bail
Security bail is such a type of bail in which the court gets some kind of property from the defendant as security. For the time up to, he gets to appear in court in a given specific time. The property or collateral being taken could be of different kinds like a home, vehicle, land, or something other of value.
The basic purpose of security bail is to give some additional level of assurance to the court to appear in court at a given time. It happens mostly in some severe cases, and even if a person does not appear in court that amount gets fortified. And being used to satisfy the amount of bail. And if the defendant does appear in the court the property or collateral is being returned in the same way.
Some defendants use this way to go out of jail if they do have not enough amount to pay as a bail amount. But it is a point to be noted that giving your property or collateral as a bail mount is a matter of potential risk. Therefore, it is good to consult to your lawyer before taking any big decision.
Cash bail
Cash bail is the type of bail when a defendant pays a full amount of bail money in advance to make himself out of jail. That could be returned in the same way after appearing in court at the time of trial. Defendant or person who is paying the bail amount takes the document of cash to be paid from the judge and pays it as a guarantee. The amount being decided is different in all the cases. And there are a lot of factors on the base of which a judge makes it decision. In case if the defendant does not appear in a given time, all that amount will be fortified.
Choose an agent for a bail bond
If you are on the way to find an agent for the bail bond. Some are the tips to be followed.
- Trust only reliable and licensed agents. And particularly those who are regulated by state department insurance.
- Find some references and online reviews of the agent before making it hired. Because all of those who are professional would have positive reviews and references as well.
- Find an agent that will be in your area. Because he would have experience with rules from some particular state and area.
- It is also a part of the process to make an evaluation of the agent by having a discussion about your concerns. From his response and communication skills, you will could evaluate.
- After selection compare the fees and charges and took and a final decision.
FAQs
Bail money is actually the amount of payment that is paid to the court as a guarantee that the defendant will appear in court at a given time.
There are two types. Cash bail and property bail.
A bail bond is the name of a contract between the defendant and the surety company.