A bail bond is essentially a promise written and signed by the defendant, or someone representing their interests called a surety, to appear in court when scheduled for the purpose of facing charges. The bond amount is set by the court based on the severity of the charges and/or the likelihood that the defendant might be tempted to not make scheduled appearances before the court.
The bond is one method available to a defendant to be released from custody pending the likelihood of a trial. If the bond amount cannot be posted, the defendant will remain in law enforcement custody to make such appearances certain. The bond can be posted by the defendant, friends or family of that same defendant, or a professionally licensed agent for bail bonds. A document is executed that agrees to forfeit the bail bond amount if the defendant elects to avoid showing up for trial.
Because most defendants don’t have the financial assets to post their own bond, the bail bond industry is quite big. You may seek help from a bail bondsman near me in New Haven, Connecticut, and that agent will accept a non-refundable premium of 10 to 20% toward the full bail amount. At that point, your bail bondsman has a liability to the court for 100% of the bond amount, payable if the defendant does not make their appearance.
Before a bail agent will agree to this, they’ll usually require significant collateral from the dependent or his family. This can include real estate, jewelry, marketable securities etc. Such collateral provide some security to the bail bondsman that their losses can be covered if they must pay the full bond amount to the court. After looking at all the facts, if the defendant appears to be a significant risk for flight, many bail agents will simply refuse to work with that person. Certain factors will help your chances of receiving a bail bondsman’s assistance. Steady employment is always a plus, as the agent understands it would cost you greatly to walk away from a job. Deep roots in the community, not to mention a clean criminal record, also indicate to the bail bondsman that you are likely to honor your court appearances.
Once everybody has reached agreement, your bondsman will contact the applicable court and make the arrangements for assuring the bond. At that point, paperwork is started to obtain your release. The court clerk will issue a ticket for that bail, although some municipalities call it a different term, and that is sent over to the detention center to notify them that you have satisfied your bail conditions. At that point, you can be released from custody. If you do make all of your court appearances as specified, liability for the bail bond will and. But, if you make bad choices and do not honor your court commitments, it’s likely that the presiding judge will issue a warrant for your arrest.
This is known as jumping bail, and regardless of what happens regarding the warrant, the total amount of the bond will be forfeited to the court. In most jurisdictions, that gives the bail bondsman the right to apprehend and arrest you so that you can come back for any resulting proceedings.
A small handful of states have outlawed the bail bonds process, making it much more difficult for poorly capitalized defendants to gain such a release.
Bail bonds are not only used in the case of criminal charges. They can also be used for civil matters.
So, there are essentially two varieties of bond.
One. Criminal bond. These are used in the example of criminal charges. This guarantees that the defendant will appear for their court date and that, if they do not, the court takes full possession of the bond amount.
Two. Civil bond. Civil bail guarantees that the debt will be paid plus any applicable interest and related costs as they apply to the defendant.
Both bonds apply to someone arrested by a presiding authority. Once again, when you are arrested, there’s a high likelihood that you will remain in detention until your day in court arrives.
The role of a bail bondsman is to evaluate whether or not they should provide the financial wherewithal to allow you to obtain your release while you wait.