Explanation of Bail Bonds
A bail bond is issued by the courts, or is preset by the court of law. A bond allows a person to be released from jail or police custody while he or she stands trial. Anyone who violates the terms of the bond will be responsible for paying the entire bail bond amount, and the bond will be revoked immediately. Bail bondsmen can post bail for those defendants who do not have the funds to post the 10 percent or higher cash bond.
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Bail Bonds
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A bail's bond is a financial incentive that a judge or court orders a detainee to pay. The bond will ensure the court that the defendant will return to court once he or she has been released from police custody. The amount of the bond depends on the seriousness of the crime, and the prior convictions of the defendant. If a defendant is accused of committing murder, or the defendant has a history of skipping bail, the courts or judge may raise the bail bond amount higher, because the defendant is considered a flight risk.
Arraignment
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To receive a bail bond, an arraignment will occur, in which the judge will review the case. The judge hears the charges and other details of the case. The detainee or defendant will then enter a plea. The defendant has choice of pleading guilty or not guilty. If a defendant pleads not guilty, the trial will likely be set for months on down the road. Therefore, the judge at the arraignment decides if the defendant is trustworthy enough to be released from jail until the trial is complete.
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Reducing A Bail Bond Amount
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When a judge initially sets a bond, some defendants do not pay the initial bail amount immediately. A defendant may petition the courts and judge to reduce the bond, so that he or she may post bail. The judge does not have to reduce the bail bond; this is done on a case by case scenario. Once a bond has been set, the defendant may post bail at anytime. If the defendant does not post the bond immediately, a judge will not cancel the bond, unless the defendant gets into more trouble while incarcerated.
Posting Bail
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Bail bonds may be paid by the defendant, or the family members of the defendant. Typically, at least 10 percent of the bond amount must be paid. Some courts require more, depending on the judge and the crime committed. The percentage must be paid in cash, and some courts will accept property in the amount of the bond. If the defendant returns to all court appearances, a bail's bond is refundable by 90 percent, depending on the court, and minus all other fees state and local agencies require.
Bail Bondsmen
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When a bail bond is high, most defendants cannot afford to pay the entire bond. For those defendants, a bail bondsman may be hired. The bail bondsman will charge the defendant a certain fee plus the percentage of the bond amount, to secure the bail bond for the defendant. The bail bondsman then becomes responsible for the defendant and the surety bond, in the event that the defendant skips town. Bail bondsmen purchase blanket bonds that help cover the costs of multiple clients. The blanket bond is an insurance that helps the bondsman pay the bond if a defendant does not return to court. The bail a bondsman does not have to return the 90 percent of the bond percentage paid, as the courts do.
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