After you are arrested, a judge may decide to release you from custody upon payment of an amount of money called bail. This is to ensure that you will attend all your scheduled court dates.
You can post bail on your own or work with a bail bondsman to do it. However, this is a complicated process that involves collateral. about bail bonds for non-violent crimes talks on just options for pretrial release and reforming the legal system.
Affordability
The ability to pay for bail allows people to keep their jobs and homes while they await trial. The courts consider a number of factors when setting bail, such as the severity and nature of an alleged crime and whether the person is a flight risk or presents a danger to others in the community. They also look at the accused’s financial resources and criminal history.
Defendants who pose the highest risk may be denied bail altogether and be forced to stay in jail until their case is heard. However, the majority of people who are held awaiting trial can secure their release from jail through a bail bond.
Bail bonds are essentially loans that allow an individual to avoid paying the full cash amount required by the court. This loan is backed by collateral such as a house, car or jewelry. If the defendant fails to appear for their court appearances, the bail bond company is required to return the collateral to the lender.
Time
Most people arrested for a crime don’t have the means to pay their full bail amount. In order to get out of jail while they wait for their trial, they can pay a sum of money known as bail. Bail is set by a judge and can vary widely based on a number of factors, including the severity of the crime and the arrestee’s criminal history.
Once the bail amount is set, friends and family can work with a bail bondsman to secure their loved one’s release from jail. A bail bondsman acts as a third party, lending money to the accused in exchange for a non-refundable fee and collateral, such as property or cash.
The time it takes to complete the bail bond application process varies depending on how busy your local bail bondsman is. However, you should know that the more information your bail agent has about your financial situation, the quicker they will be able to help you.
Reliability
There is a common perception that jails are filled with people who have committed non-violent crimes but remain incarcerated because they can’t afford to pay bail. This is often true in cases involving misdemeanors and non-violent felonies but can also extend to white-collar offenses like property crimes, prostitution, drug use, and alcohol and other drugs.
A judge will determine whether a defendant is eligible for bail and how much it will be. This will depend on a number of factors including their flight risk (whether the judge believes they will try to run from prosecution) and their history with a particular crime type.
When someone gets a bail bond they typically will have to put up valuable items as collateral like cars, jewelry, cash or even the deed to their home to secure the bail. If they breach the bond conditions such as failing to appear at court or committing another legal offense then these assets are lost and they are returned to custody.
Collateral
Real estate such as homes and land, property assets, such as boats, cars or motorcycles, or even valuables such as jewelry or heirlooms can be offered up as collateral. However, most bail bondsmen will only accept property as collateral if it is fully owned and not under mortgage and must be accurately appraised.
Such collateral can be a major commitment and should not be taken lightly. It’s vital that individuals fully understand the responsibilities associated with pledging their personal property in exchange for a bail bond and that they remain compliant by attending all of their required court appointments.
The aforementioned examples illustrate both successful resolutions where individuals abided by their agreement thus preserving their possessions, as well as grave losses where the defendant skipped on their commitment and ended up forfeiting the bail bondsman’s assets instead-highlighting why proper comprehension is paramount within this delicate balancing act. Ultimately, it’s best to always seek professional advice before pledging property as collateral.