Bail is a right protected by the U.S. Constitution. It is a “surety bond”, usually cash, that is held by the court to make sure that a person that is accused of a crime shows up for all required court appearances. Sometimes, if a crime is minor and the judge feels that the accused is not likely to run and hide, he/she may be released “on his own recognizance”, with no bail required.
Most people who are arrested have the opportunity to “post bail.” Posting bail lets the accused stay out of jail until trial. A judge determines the amount of bail after the arrest and booking process is done. In many cases, trials can begin weeks or months after an arrest, and without bail, many people, some who may be innocent, would have to sit in jail until their trial.
Cash bail means that the accused pays the full amount of bail in cash. Sometimes the court accepts checks or even a credit card. Sometimes a defendant can provide some property to act as a bond. In this circumstance, the court will put a lien on the property in the amount of the bail. If the defendant doesn’t show up for his court appearances, the court can foreclose on the property to recover the forfeited bail.
Another type of bail is a bail bond or a surety bond that can be used for any amount of bail, particularly when the accused can’t afford to pay it him/herself. This type of bail usually will involve a friend or relative of the accused using a bail bondsman. A bail bondsman is backed by a certain type of insurance company called a surety company, with the bondman having to pay the full value of the bond if the accused doesn’t appear in court. In return for taking this risk, the bail bondsman charges his client a 10 percent premium and collects collateral such as title to a house, car or anything of value. If the accused does not show up (skips), the bond becomes payable by the bondsman and the collateral may be forfeited. Many bail bondsmen hire bounty hunters to find the accused so that they do not have to pay the bond to the surety company themselves. (yup, like Dog the bounty hunter on TV). Bail bondsmen have the legal right to arrest a person out on a bond. Under the federal law giving them this right, any accused person charged with a criminal offense who is released on a surety bail bond can be arrested and brought before any judge. The accused now may have another criminal violation to contend with.
Bail procedures vary state to state and it is an advantage to have legal representation at a bail hearing. Let Shpoonkle connect you to an attorney who will help and advise you.
