Securing the release of a defendant pre-trial can be quite expensive. Most people don’t have thousands of dollars stashed somewhere that they can reach for and get bail money. But they can rely on a bail bondsman to minimize the expense and get the defendant released. After providing the bail bond, the bail agent is held responsible for the defendant’s appearance at court hearings.
If your friend or family member is held in jail because they can’t raise bail money, you can secure their release by contacting a bail bondsman you can count on.
What Happens After Arrest?
When the police arrest and hold someone in jail, either one of the following scenarios plays out: the police issue the defendant a notice telling them to appear in court, they release the defendant after paying a certain amount, or they put the defendant in jail and wait for a bail hearing. Minor offenses can have the police release the defendant with a notice to appear, but serious offenses will see the defendant stay in jail until their bail hearing.
The main factor that determines the total bail that a defendant must pay is bail schedules. Bail schedules are simply a presentation of the bail amounts designated for various crimes. Bail schedules are not necessarily the same across the states. The jurisdiction determines the bail amounts and also whether a defendant can be released without a bail hearing.
What is a Bail Hearing?
When a bail hearing is held, the court determines what bail amount is appropriate for the offense. Of course, the court can even decide not to grant bail. Various factors are considered during a bail hearing.
· Flight risk: flight risk is the probability of a defendant escaping before their trial begins. The court determines whether a defendant poses a low or high flight risk. Defendants that are facing heavy sentences or capital punishment are generally deemed to pose a high flight risk. The higher the flight risk, the greater the bail.
· Community roles: a person deemed active in community affairs may attract a significantly lower bail amount than someone who doesn’t have deep roots in the community. People who are deemed active in the community usually have businesses and families around that area.
· Criminal history: a defendant with a history of being on the wrong side of the law, especially defying court orders, usually attracts a greater bail amount. But someone who has no criminal record might be given a significantly lower bail amount.
· The level of the crime: a defendant who is held for a minor offense might be given a low bail, but a defendant who is held for a serious crime, like drug dealing, is usually given an enormous bail.
Apart from setting the bail amount, the court also determines various bail conditions that the defendant must observe. Some of these conditions include pre-trial check-ins, no-contact orders, jobs, travel restrictions, substance abuse, and firearm restrictions.
Bail Payment Procedure
Each jurisdiction has its own rules on how bail payments must be made. Generally, there’s a cashier or clerk at the jail to whom payments are made. The clerk confirms the defendant’s details, like their name and booking number, and processes the payment. Then the clerk sends an alert to corrections officials who release the defendant from jail. Some of the commonly accepted payment forms include credit cards, debit cards, and money orders.
The Role of a Bail Bondsman
Considering that bail amounts are usually greater than what most defendants can get, a bail bondsman plays a critical role in securing their release.
The bail bondsman provides a bail bond to the court, and by doing so, the bail agent attaches themselves to the defendant, who’s released from jail.
Bail bondsmen are in the business of paying bonds so that defendants who don’t have the full bail money (or are scared of forfeiting their money) may be released.
When a defendant uses the service of a bail bondsman to secure their release, the defendant pays the bail agent a fee, usually a certain percentage of the bail money.
If the defendant fails to appear at a court hearing, the court requires the bail agent to pay the bail in full. The bail agent will hire a bounty hunter to track down the defendant.
Since bail agents are taking a major risk on their part, they have various conditions that they require the defendant to comply with.
For one, they require the defendant to provide collateral. These are things like land, cars, or jewelry, which act as security against the bond.
