Important Things to Know About Bail Bonds
If you are accused and arrested for a crime, you might have to spend some time in jail which is not a very good experience. The court still has to prove you guilty beyond reasonable doubt before pronouncing your guilty and so this is something good. Judges would often release accused person prior to the scheduled hearings. However, before one can be released from jail, the judge usually order the defendant to leave some kind of guarantee to assure them that he will return for the hearings. This is what a bail bond is. It should be turned over to the court in the form of cash, property, a signature bond, a secured bond through a surety company, or any combination of forms.
The judge sets the bail bond during the bail hearing. Here, the judge meets the accused person and hears information if it is appropriate to set bail to the person or not. Sometimes, certain types of bail bonds are considered and in these cases, the judge will consider about the accused person’s financial resources and the sources of funds or property that will be used as collateral for the bail bond. Sometimes, another person will post the bail bond for the defendant and in this case, the financial situation of the surety will be considered.
The judge will inform the surety of his obligations and responsibilities during the bail hearing. IF the defendant fails to fulfill the requirements of the court for the hearings then the bail can be revoked and forfeited. This is why it is important that the surety has confidence in the accused before posting bail.
Bail can come in many forms. If you are opting for cash bail, then you have to pay the court in cash, certified checks or money orders. When the terms of the bail are met, then the one who posts the bail can collect a refund. Cash or property is not required for a signature bond. The defendant can be released with signatures on proper forms. The conditions or instructions set by the judge has to be met.
You can also use corporate security bonds which can be secured by bail bondsmen. Here, the bail bondsman pays the bail but the defendant pays a small percentage of the total bail amount to the bondsman. This small percentage paid to the bail bondsman will not be refunded even if the defendant meets all the conditions of his bail. Bail can also be in the form of property bonds. The judge will only require a proof of his ownership of the property and its appraised value and other encumbrances against it.
Once all the conditions of bail are met, the bail is released or returned. It is thus important to make sure to follow the proper steps to have the bail returned to the right person.