How Bail Works

Date Added: June 30, 2008 04:17:17 PM
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The term bail refers to the contractual agreement between a court and the defendant which states that the defendant will appear at every court proceeding and trial date that they are required to, in relation to the charges being brought against them. This allows the defendant to be “released on bail” instead of being imprisoned during the trial period.

In order for this to go ahead the court needs to be reassured that the defendant will show up and therefore requires a monetary value to be paid. If they fail to attend and adhere to the contractual agreement this amount is not refunded.

This process usually entails the defendant contacting a bonding agency or bail agent, who then guarantees to the court that the defendant will be present at all the required hearings. If the defendant fails to show up at any time, the bonding agency or bail agent is required to pay the full agreed amount of bail to the court. In order for the bail bond agency to cover its costs and make a profit the defendant is required to pay a non refundable fee for the service. If they show up to all dates then the agency keeps this money as their payment and isn’t required to pay or charge anything else, getting the original bail amount back. Most agencies force the defendant to have some kind of collateral in order for the agency to cover the payment to the court in case the defendant goes on the run – usually a house or other asset. So if the defendant fails to show up the agency can repossess their house and therefore have the funds to pay the court what was agreed, without breaking their own bank.

Commonly a friend or family member of the defendant’s will arrange the bail with the agency and therefore becomes the co-signer, unfortunately if the defendant “skips” bail the repayment of bail to the agency who has to pay the court, falls on to the co-signer, and they may even be responsible for the costs involved with finding the defendant. For a bail bond agency to accept a co-signer they have to be financially stable and in a job.

Not every criminal is entitled to bail and may be kept behind bars for the full trial period, which in extreme cases can be years. Whether a defendant is entitled to bail or how much the bail bond costs is determined by the severity of the crime (it would not be feasible to send a possible serial killer back out in to the public), their standing in society, previous convictions, criminal record to date and if they can actually afford to pay bail in first place – the latter point being rare as there are various organizations and methods of helping a defendant that cannot pay a bail bond agency.

If it is a fairly minor crime, there have been no past convictions and the defendant is well known and respected in the community then the bail bond might be very low. But if the defendant is a multiple offender and has committed a violent crime it is likely to be high, or they could be disallowed bail completely.

The term bail refers to the contractual agreement between a court and the defendant which states that the defendant will appear at every court proceeding and trial date that they are required to, in relation to the charges being brought against them. This allows the defendant to be “released on bail” instead of being imprisoned during the trial period.

In order for this to go ahead the court needs to be reassured that the defendant will show up and therefore requires a monetary value to be paid. If they fail to attend and adhere to the contractual agreement this amount is not refunded.

This process usually entails the defendant contacting a bonding agency or bail agent, who then guarantees to the court that the defendant will be present at all the required hearings. If the defendant fails to show up at any time, the bonding agency or bail agent is required to pay the full agreed amount of bail to the court. In order for the bail bond agency to cover its costs and make a profit the defendant is required to pay a non refundable fee for the service. If they show up to all dates then the agency keeps this money as their payment and isn’t required to pay or charge anything else, getting the original bail amount back. Most agencies force the defendant to have some kind of collateral in order for the agency to cover the payment to the court in case the defendant goes on the run – usually a house or other asset. So if the defendant fails to show up the agency can repossess their house and therefore have the funds to pay the court what was agreed, without breaking their own bank.

Commonly a friend or family member of the defendant’s will arrange the bail with the agency and therefore becomes the co-signer, unfortunately if the defendant “skips” bail the repayment of bail to the agency who has to pay the court, falls on to the co-signer, and they may even be responsible for the costs involved with finding the defendant. For a bail bond agency to accept a co-signer they have to be financially stable and in a job.

Not every criminal is entitled to bail and may be kept behind bars for the full trial period, which in extreme cases can be years. Whether a defendant is entitled to bail or how much the bail bond costs is determined by the severity of the crime (it would not be feasible to send a possible serial killer back out in to the public), their standing in society, previous convictions, criminal record to date and if they can actually afford to pay bail in first place – the latter point being rare as there are various organizations and methods of helping a defendant that cannot pay a bail bond agency.

If it is a fairly minor crime, there have been no past convictions and the defendant is well known and respected in the community then the bail bond might be very low. But if the defendant is a multiple offender and has committed a violent crime it is likely to be high, or they could be disallowed bail completely.

The term bail refers to the contractual agreement between a court and the defendant which states that the defendant will appear at every court proceeding and trial date that they are required to, in relation to the charges being brought against them. This allows the defendant to be “released on bail” instead of being imprisoned during the trial period.

 

In order for this to go ahead the court needs to be reassured that the defendant will show up and therefore requires a monetary value to be paid. If they fail to attend and adhere to the contractual agreement this amount is not refunded.

This process usually entails the defendant contacting a bonding agency or bail agent, who then guarantees to the court that the defendant will be present at all the required hearings. If the defendant fails to show up at any time, the bonding agency or bail agent is required to pay the full agreed amount of bail to the court. In order for the bail bond agency to cover its costs and make a profit the defendant is required to pay a non refundable fee for the service. If they show up to all dates then the agency keeps this money as their payment and isn’t required to pay or charge anything else, getting the original bail amount back. Most agencies force the defendant to have some kind of collateral in order for the agency to cover the payment to the court in case the defendant goes on the run – usually a house or other asset. So if the defendant fails to show up the agency can repossess their house and therefore have the funds to pay the court what was agreed, without breaking their own bank.

Commonly a friend or family member of the defendant’s will arrange the bail with the agency and therefore becomes the co-signer, unfortunately if the defendant “skips” bail the repayment of bail to the agency who has to pay the court, falls on to the co-signer, and they may even be responsible for the costs involved with finding the defendant. For a bail bond agency to accept a co-signer they have to be financially stable and in a job.

Not every criminal is entitled to bail and may be kept behind bars for the full trial period, which in extreme cases can be years. Whether a defendant is entitled to bail or how much the bail bond costs is determined by the severity of the crime (it would not be feasible to send a possible serial killer back out in to the public), their standing in society, previous convictions, criminal record to date and if they can actually afford to pay bail in first place – the latter point being rare as there are various organizations and methods of helping a defendant that cannot pay a bail bond agency.

If it is a fairly minor crime, there have been no past convictions and the defendant is well known and respected in the community then the bail bond might be very low. But if the defendant is a multiple offender and has committed a violent crime it is likely to be high, or they could be disallowed bail completely.


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