For an arrested individual, a bail bond is the difference between waiting in jail for weeks or months until trial, or remaining free until trial. After an individual has been arrested, he or she will appear before a judge who will decide the amount of bail. The court wants to make sure the defendant will appear for trial.
Bail is a binding agreement between the bail bondsman- bail bonding agency, the arrested individual, and the court. The bail bonding agency on behalf of the defendant, shall provide to the court, money or collateral ( property, bond) in order to have the defendant released until trial.
Bail operates in two options:
First Option–The full amount of the bond, in cash, is posted by the defendant or by family-friends on behalf of the defendant. If the defendant attends all court dates, the cash bond will be refunded, less any court costs, court fees, fines, and other criminal penalties. Most defendants and their families are not financially able to pay the full bond and post bond through the second option.
Second Option–A surety bond, a written financial promise, is purchased by the defendant through a bail bondsman. Family and/or friends can also purchase the bond.The purchaser pays a fee to the bail bondsman. The bail bondsman presents the bond to the court. The defendant is released pending the trial date. Even if the case is dismissed, the bail bondsman fee is not refunded, since the bail bondsman accepted the risk of guaranteeing the appearance of the defendant for court.
If the defendant does not appear at a court date, the bail will be surrendered to the court. If the defendant’s bail was paid through a bail bondsman, the bail bond agent has the authority to find the defendant and deliver him or her to the court.
It is always important to find a bail bond company that is experienced and reputable. For any defendant, bail is one of the most important aspects of our criminal justice system.
Provided by: prisonpath.com