What you need to know about bail bonds
When charged with a crime, being arrested and spending time in jail can be an unfamiliar and terrifying experience. Fortunately, since you are legally innocent until proven guilty, in many cases a judge can allow you to be released until your hearing or trial. However, the judge may order that you provide some type of guarantee that you will return to face the charges against you before you can be released. This security is called a surety bond, and it usually must be given to the court in the form of cash, property, signed bond, surety bond through a bail bond company, or a combination of forms.
Bonds are usually set during a formal proceeding called a bond hearing. This is when the judge meets with the accused person (defendant) and hears information about whether or not it is appropriate to set bail. If certain types of bonds are being considered, such as a secured bond or a property bond, the judge will consider information about the defendant’s financial resources and the sources of any property or funds to be used as collateral for the bond. If someone else will post the Defendant’s bail, they will be considered the Surety and the Defendant’s financial situation will also be considered.
If a Bondsman is involved in posting the bond, they must be present at the bond hearing along with the Defendant, and the Judge will inform both of their various duties and responsibilities. It is very important to note that if the Defendant fails to fulfill his responsibilities and fails to appear at subsequent hearings and court dates, or if he violates any of the conditions of his release, the bond may be revoked and forfeited. . Therefore, it is very important that the Bondsman have confidence in the Defendant before posting the bond.
Once bail has been set, it is important to understand the various bail options. The “cash” bail can include cash, but can usually also be paid with certified checks, cashier’s checks, or money orders. It is very important that whoever deposits the cash deposit keep the receipt they receive in order to collect their return once the terms of the deposit have been met. Depending on the amount of the cash bond, it may also be necessary for the Defendant or Bondsman to complete tax forms such as the IRS Form W-9.
Unlike cash bail, signed bonds mean that the Defendant does not need to post any funds or property as collateral. Usually, the defendant only needs to sign the appropriate forms for the court clerk to be released. But it is very important to pay close attention to any conditions or instructions that the Judge has given to make sure that the Defendant understands exactly what he must do so that his bond is not revoked.
Corporate surety bonds are surety bonds that are guaranteed by surety bondsmen. Generally, the Defendant or Bondsman pays 10% of the total amount of the bond to the bondsman, and the Defendant or Bondsman must have sufficient financial assets to be able to pay the remainder of the bond if the bond is revoked or if the Defendant fails. the terms of your lease. Even if the defendant meets all the conditions of his bond, the 10% remains the property of the bondsman and is not returned to the defendant.
Sometimes a judge may approve property bonds as collateral to secure a bond. Typically, the judge will require the defendant or bondsman to provide proof of ownership of the property, as well as an appraised value and a list of any existing claims or other liens against the property.
Once the bail conditions are met, the bail can be released or returned. However, it is important to remember that this does not happen automatically. Generally, the Bondsman, the Defendant, or the Defendant’s attorney will need to file a motion or take some other action to recover the cash or property securing the bond. Therefore, always check the procedures in your case and make sure the proper steps are taken to get the bond back to the right person.
