What is the Bail Process?
Once someone is arrested on a criminal charge, they may be held for trial unless they furnish the required bail, often in the form of a bail bond. When a bail bond is issued, the person released promises to appear in court at the designated time and place.
If the person released on a bail bond fails to appear in court on their designated appearance date, the bond becomes payable and is forfeited as a penalty. For this reason, a bond usually requires some type of collateral such as cash, title to real property or other types of security.
It is important to note that only a person holding a bail license may solicit the negotiation of a bail bond.
Remember, Bail Agents are here to help you through this process.How Bail Works
Types of Bonds / Release:
When an individual is arrested for a crime, most often that person will be taken to a local law enforcement station for booking, prior to confinement. Once the Defendant has been arrested and booked, they have several options provided to them for release - provided the outcome of the case supports their release - They are:
In this instance, an individual must post with the court, the total amount of the bail in cash. This strongly incentives the defendant to appear in court as scheduled as non-appearance results in the forfeiture of the cash bond.
This process requires a contractual undertaking guaranteed by an insurance company which has the assets to fully satisfy the amount of the bail bond. The insurance company contracts with the Bail Agent, and the Bail Agent then assures that he will re-pay the bond if the defendant fails to appear on his schedule court date. Because the Bail Agent has promised his own money, he has a vested interest in ensuring that the defendant will in fact appear in court as scheduled. Bail Agents invests the necessary time and funds required to locate and return an individual who has not honored their commitment to appear in court. It is widely held that Bail Agents have highly effective and efficient methods of ensuring a defendant is in court as scheduled.
Individual may secure release from custody by posting a property bond with the court. In this instance, the court records a lien on property, in the amount of the bail. If the defendant subsequently does not appear in court on the scheduled date, the court may initiate the foreclosure process in order to procure the forfeited bail amount.
Own Recognizance (O.R.)
Based on a telephone interview with defendant, the staff member of a pre-trial release program will attempt to determine if individuals in custody will in fact appear in court on their scheduled appearance date even without the strong motivator of financial forfeiture as incentive.
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