When someone is arrested and taken to jail, one of the first things that happens is a bail hearing. Bail is the process of setting a certain amount of money that must be paid in order for the defendant to be released from jail until their court date. If the person can’t afford to pay bail, they may have to stay in jail until their trial. A bond, on the other hand, is a financial agreement between the defendant and a bondsman. If the defendant doesn’t show up for their court date, the bondsman will lose money.
What is Bail?
When someone is arrested, they are typically taken to a local jail where they will await their arraignment; during this time, the court will set bail. Bail is the amount of money that must be paid in order for the arrestee to be released from custody. The purpose of bail is twofold: first, it ensures that the arrestee will return for their court date; second, it allows the arrestee to remain free until their trial. If the accused does not show up for their scheduled court appearance, the bail is forfeited and a warrant is issued for their arrest.
How is Bail Set?
In most states, bail is set by a schedule that lists the crimes and corresponding bail amounts. For example, if someone is charged with petty theft, their bail may be $500. However, if they are charged with murder, their bail could be $250,000 or more. A judge can also choose to set bail at any amount they see fit.
The Judge has discretion when it comes to setting bail. They will consider the severity of the crime, the defendant’s criminal history, and whether or not they are a flight risk.
What is a Bond?
A bond is similar to bail, but instead of the arrested person giving money to the court, they pay a bondsman. The bondsman then pays the court the bail amount. If the defendant does not show up for their court date, the bondsman is responsible for paying the entire bail amount to the court.
How do I get a Bond?
The first step is to contact a bondsman. They will usually ask for some information about the arrest and set up a payment plan. Once you have paid the bond, the defendant will be released from jail until their court date.
What’s the Difference Between Bail and Bond?
The main difference between bail and bond is that bail is paid to the court and bond is paid to a bondsman. Bail is usually set by a schedule, while bond is set by the bondsman. If you don’t show up for your court date, you will lose your bail or bond money.
Limits on Bail: Can’t Be Excessive
The Eighth Amendment to the United States Constitution protects citizens from having bail set at an excessive amount. This means that bail cannot be used as a way to prevent someone from being released on their own recognizance.
For example, if someone is charged with a minor offense, their bail should not be set at $100,000. That would be considered excessive and would violate the Eighth Amendment.
If you or someone you know has been arrested and you have questions about bail or bond, contact a local attorney today. They can help you understand the process and make sure that your rights are protected.
Are All Crimes and Offences Bailable? Bailable and Non-Bailable Offences
In the US, all crimes are bailable, with the exception of capital offences. A capital offence is a crime that is punishable by death. In some states, there are also non-bailable offences; these are typically serious crimes like murder or rape.
If you have been arrested and charged with a non-bailable offence, you will not be able to post bail and will have to remain in jail until your trial.
What Happens if I Can’t Afford Bail or Bond?
If you can’t afford bail or bond, you will have to stay in jail until your trial. This can be a very difficult experience, so it’s important to try and get bail or bond set as soon as possible.
Types of Bail Bonds
There are a few different types of bail bonds that a defendant can use to get released from jail. These include:
Cash Bail:
This is when the defendant or a friend or family member pays the entire bail amount in cash to the court. The money will be returned to the person who paid it if the defendant appears for their court date.
Property Bond:
This is when the defendant pledges property, such as a house or car, to the court as collateral for their bail. If they don’t appear for their court date, they may lose their property.
Surety Bond:
This is when a professional bondsman posts bail on behalf of the defendant. If the defendant does not show up for their court date, the bondsman will have to pay the bail amount to the court.
Release on Own Recognizance:
This is when a judge decides to release the defendant without bail because they don’t think the defendant is a flight risk. This normally happens when one is accused of misdemeanours and low-level crimes. The defendant must sign an agreement promising to appear for their court date.
Cite Out:
This is when a defendant is released from jail but must agree to certain conditions, such as wearing an ankle monitor or staying in the county.
Immigration Bond:
This is when an undocumented immigrant is held in jail by Immigration and Customs Enforcement (ICE). An immigration bond is set by ICE and must be paid to them in order to get the defendant released from jail.
What Happens if I Skip Bail?
If you skip bail, a warrant will be issued for your arrest and you will lose any money that you paid for bail or bond. You may also be subject to additional penalties, such as being fined or having your driver’s license suspended. If you are caught, you will be taken into custody and will have to appear before a judge.
Bail and Bounty Hunters
Bounty hunters are individuals who are hired by bail bondsmen to locate and apprehend fugitives who have skipped bail. In most states, bounty hunters have more authority than police officers to make arrests.
Bounty hunters are usually compensated with a percentage of the bail amount. If the bail is $20,000, for example, the bounty hunter may receive $2000 for apprehending the fugitive.
Most bounty hunters are former law enforcement officers or security guards who use their skills and experience to locate fugitives. Some bounty hunters specialize in finding people who have skipped bail, while others may focus on locating missing persons or investigating insurance fraud cases.
Bounty hunters typically work long hours and often travel great distances to track down fugitives. They must also be prepared to deal with dangerous situations, as some fugitives may be armed and dangerous.
Bail Bond Loans
If you are unable to pay the full amount of bail, you may be able to obtain a bail bond loan. Bail bond loans are typically provided by bail bondsmen and require collateral, such as property or cash, to secure the loan.
The advantage of a bail bond loan is that it allows you to post bail and regain your freedom without having to come up with the full amount of money yourself. The downside is that if you skip bail, you will forfeit your collateral and may still owe money to the lender.
Bail bond loans can be a helpful option if you find yourself in need of financial assistance to post bail. However, it is important to understand the terms of the loan and what could happen if you are unable to make your payments.
If you are considering a bail bond loan, be sure to speak with a bail bondsman or other financial professional to learn more about your options and what could happen if you are unable to repay the loan.
Can Bail and Bond Terms be Negotiated or Appealed?
Yes. Bail is not set in stone and can be negotiated in some circumstances. For example, if the accused is a first time offender or has strong ties to the community, the judge may be more likely to reduce the bail amount.
It is also possible to appeal a bail decision if you feel that it was set too high or too low. However, it is important to keep in mind that appeals can take weeks or even months to be heard, so you will likely remain in jail during this time.
If you are unable to post bail, there are other options available to you. You may be able to get a loan from a bail bond company, which will pay your bail for you in exchange for collateral (usually in the form of property or cash).
You may also be eligible for a release on your own recognizance, which means that you will be released from jail without having to post bail. This is usually only an option if you have been charged with a non-violent crime and are not considered a flight risk.
Refund of Bails and Forfeiture of Bail
Bail is typically refunded within a few weeks after the case has been closed. If you are found guilty, your bail money will usually be forfeited to the court.
If you are found not guilty or if the charges against you are dropped, your bail money will be returned to you. It is important to keep in mind that it can take several weeks or even months for your bail money to be refunded, so you may have to wait a while before getting your money back.
In some cases, you may be able to get a portion of your bail money back if you used a bail bond company. This is because most bail bond companies charge a non-refundable fee for their services.
Legal Foundations of Bail and Bond
Bail and bond are both rooted in English common law. The English legal system allowed for the release of accused criminals on bail, as long as they deposited money or property with the court to ensure their return for trial.
This system was brought over to the United States when the country was founded, and bail became a part of American law.
The Eighth Amendment to the U.S. Constitution protects citizens from excessive bail, meaning that bail cannot be set at an unreasonably high amount.
This amendment is based on the English Bill of Rights, which was passed in 1689 and guaranteed that citizens could not be jailed without due process of law.
The Fourteenth Amendment extends this protection to all citizens, regardless of whether they have been charged with a crime.
The use of bail bond companies is a relatively recent development in the United States. The first bail bond company was founded in 1898, and the industry has grown steadily since then.
Bail bond companies provide an important service by helping people who are accused of crimes to post bail and regain their freedom.
Bail and Bond as a concept is based on the legal principle of presumption of innocence “innocence until proven guilty” which is enshrined in the Universal Declaration of Human Rights.
Bail and bond exist to ensure that an accused person appears for their day in court; they are not meant to be a punishment.
When it Comes to Bails and Bonds, There are a Few Key Things to Keep in Mind:
- Bail is the amount of money that must be paid in order for the arrestee to be released from custody.
- A bond is a financial agreement between the defendant and a bondsman.
- The purpose of bail is twofold: first, it ensures that the arrestee will return for their court date; second, it allows the arrestee to remain free until their trial.
- If the accused does not show up for their scheduled court appearance, the bail is forfeited and a warrant is issued for their arrest.
- In most states, bail is set by a schedule that lists the crimes and corresponding bail amounts.
- A judge can also choose to set bail at any amount they see fit.
- The Eighth Amendment to the United States Constitution protects citizens from having bail set at an excessive amount.
Conclusion
Bail and bond are two important concepts in the American legal system. Bail is the money or property that an accused person deposits with the court to ensure their return for trial, while bond is a loan from a bail bond company that pays bail for you in exchange for collateral.
Both bail and bond are based on English common law and are protected by the Eighth Amendment to the U.S. Constitution.
Bail bond companies provide an important service by helping people who are accused of crimes to post bail and regain their freedom.
If you have been charged with a crime, it is important to understand your rights and options when it comes to bail and bond. An experienced attorney can help you navigate the legal system and ensure that you are treated fairly.