If you have ever heard about bail in the past, then you might have an understanding of how it works. After a person’s arrest, one of the first hearings they face is an arraignment. A judge decides how much that person will have to pay to stay out of jail. This fee can range in price depending on the crime. In a lot of scenarios, it is too much for the respondent to pay. That is when a bondsman usually comes into play. The bond agent covers the defendant’s release price for a fee, and the court lets the accused out of custody until the case is over. On the surface this process may seem simple, but, there are a few behind the scene facts that you may not know about bail.
There is No Money Involved
For starters, a defendant or bond agent may not ever need to give the court money. It may sound counterintuitive, but the court sometimes allows people to cover bail using a surety. This contract pledges that the stakeholder has the funds or resources to pay up, but only if necessary. This works because the courthouse almost always refunds the cost once they conclude the case. The court only requires the actual money when the defendant skips court or violates the terms of the agreement.
The Time to Pay May Expire
If a defendant does not pay the court within a certain period, the opportunity may disappear. Trials can last for several months or longer, but the bail does not stay valid throughout that time. The court will assign the amount of time a person must pay. If the defendant fails to meet that deadline, he or she will remain in jail with no hope for release for the remainder of the hearings. Bail bond agents can pay the court within hours and facilitate the release the same day the defendant hires themS.
No One is Subject to an Unfair Bail
Even though it can seem like the court sets bail very high in some cases, the amount can never be unreasonable. Most states base the cost on the type of crime. Several other factors may include the person’s risk to society, or if he or she is liable to go on the run. However, the Eighth Amendment of the Constitution restricts judges from setting bail at an unusual or irrational sum. This does not mean it must be a price the defendant can afford.
If you are still actually wondering how do bail bonds work, or how to hire a bail company, hopefully this post helped. We hope that you never need a bail bondsman, but if you do, it’s important to know the facts! Please reach out if you have any questions about this process. We have know a bunch of professionals that would be glad to help in anyone’s time of need.
source http://www.winterwoodlodge.com/three-surprising-facts-about-bail/
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