If you are ever charged with a crime due to a serious mishap, jail time could be a nightmare. If you were to end up in jail anyway, the first thing that comes to mind is how to escape from it. Fortunately, a person is legally innocent until proven guilty; In most situations, the judge allows the defendant to be free until the date of the hearing or trial.
Typically, the judge will require the defendant to work out some type of agreement that guarantees his return to face the charges until he is officially released from custody. This agreement is called a Bond and is usually given to the court in the form of cash, property, signed bond, guaranteed bond, or property bond. If the defendant fails to appear, the court forfeits the bail amount and issues a warrant for the defendant’s arrest after setting “skipped bail.”
Bonds are usually set during an official event called a bond hearing. During a hearing, the judge meets with the defendant and decides, based on the defendant’s verbal statement, whether it is appropriate to set bail. When considering surety bonds, such as secured bonds or property bonds, the judge will reflect on the facts and figures of the defendant’s financial and property resources, as well as collateral resources.
A number of factors are taken into account when setting the amount of the bail. First, the judge looks at the defendant’s criminal record. A felon or repeat offender is likely to be set a higher bond compared to someone with no criminal record. The intensity of the crime is another aspect when deciding the amount of the bail. The more severe the defendant’s custody, the higher the amount of bail they must pay. The amount is often set higher when the judge assumes that the defendant will not return to court.
A bail bondsman, or bondsman, is a person or company that acts as a guarantor and pledges money or property as bail on behalf of defendants in court. Before agreeing to post bail, the bail agent asks for security from the defendant, such as jewelry in terms of collateral, property deeds, or written agreements from worthy friends, family, and peer groups of the defendant.
Although banks, insurance companies and other organizations often act as guarantors for many, they are still reluctant to put their funds at the risk of posting a bond. On the other hand, bail bondsmen are generally in business just to take care of those accused of crimes, and they often secure the release of their clients within a couple of hours.
When defendants are unable to afford their own bail, they seek the help of a reputable bail bondsman. A bail bondsman or corporation is fully liable to the court in the event the defendant fails to appear for the final hearing. Therefore, in simple terms, bail can be called as a financial agreement that a bail bond company will make on behalf of the criminal defendant.