What is bail?
Bail is an amount of money or property that is deposited with a court by a person who has been charged with a crime, known as a “defendant.” A defendent who has been arrested for a crime will be held in custody until bail is posted. Bail is the defendent’s guarantee to attend all court proceedings.
Do I have a right to be released on bail?
Yes, for most offenses, except certain violent felonies or murder. A judge sets the amount of bail to give the accused person enough incentive to return willingly to the rest of his or her court appearances.
What are the most common types of bail bonds?
All bail bonds are “appearance bonds.” Appearance bonds can be posted by a bail bonding agent. “Personal recognizance bonds” and “property bonds” are obtained from a court.
How is a bail amount set?
Though many court systems now have standard bail schedules for the most common crimes, judges are generally responsible for establishing bail amounts; they are determined by the seriousness of the crime and the characteristics of the suspect, such as their criminal history and their perceived risk of flight.
Is bail a right for every defendant?
Where the US Constitution does provide for the allowance of reasonable bail, it is not an inherent part of legal due process. A judge can deny bail to those who are accused of committing a very serious crime, or to those who pose a threat to others should they be released. Bail may also be set at an amount that is too high for an individual to secure a bond, keeping them detained until their court date.
Who is liable for the bail bond?
The cosigner of the bond (referred to as the indemnitor) is the party that is held to be financially responsible for said bond. The liability of such is limited to the full face value of the bond.
How much does a bail bond cost?
As a fee for services rendered, bail bond companies charge about 10 percent of the full bail amount. For example, if bail was set at $5,000, the fee you’ll pay to the bondsman will be around $500. These fees are regulated by the Department of Insurance, so if you believe a bondsman is charging unusually high fees, contact the bail division of this entity.
Do I have to secure a bond to pay bail?
No, bail bonds are just one option available for releasing a loved one from jail. Courts in most states will take payment in the following forms when posting bail:
- Cash or check in the full amount
- Property worth the full amount
- Bail bonds
- Release on the defendant’s promise to appear in court, referred to as “release on one’s own recognizance.”
For any further questions or concerns you have about bail bonds and their repayment, please call us at ASAP Bail Bonds. Our bail agents promise prompt response times to your bail bond needs, any time of the day. Call now for 24-hour bail bonds.