Despite being one of the most common elements of US law, there are still any people who are confused about bail or have no idea about the process of posting and funding the bail amount. These frequently asked questions should help make bail a clearer subject.
So if a criminal pays enough money they are free? Isn’t that bribery?
Absolutely not, it’s not a case of just releasing a criminal. Most people who pose an immediate threat to society are not given bail and must be detained for the whole time of their trial. Bail simply allows the defendant to live at home whilst their trial goes on. They could end up being innocent. If they skip bail they are immediately tracked down and the bail amount is not paid back to the bond agency or the defendant. It could lead to their house being repossessed and financial ruin for their friends and family if they co-signed.
How are bail itself and the bail amount determined?
Bail is determined first and foremost on the severity of the crime. For example it isn’t likely that a serial killer would be given bail. Many other factors come in to account like past convictions, standing in society, whether they’ve skipped bail before and many other factors. A first time shoplifter with a clean criminal record isn’t likely to pose any threat to society.
How can a defendant afford to post bail, do they get a loan?
They can get a loan, but it’s unlikely a bank will allow something like that (they’d have to lie on the reason). The usual process involves contacting a bail bondsman. They will pay the full bail amount, as long as the defendant pays them a 10% fee. This is non refundable. Everyone involved enters in to a contractual agreement where the defendant must appear at all court dates. If they skip bail the bondsman doesn’t get the bail amount back and thus transfers the debt on to the defendant or their co-signer (usually a family member).
How does a Bondsman make sure their service is secure?
If the bail amount is a lot a bondsman will usually get their client to sign over assets like their house. This is a great scare tactic to ensure the defendant goes to all court dates, and secures them if they skip bail because it gives the bondsman the right to sell the property to make back the money.
Are BailBondAgencies legal in my state?
Commercial bail bond agencies are legal in all states accept Illinois, Kentucky, Oregon and Wisconsin.
How does bounty hunting come in to this?
In the US bounty hunting is the legal practice, in this case of tracking down people that skipped bail. They are allowed to use force such as breaking down the door of a place they think a defendant is hiding. It is even common practice to and perfectly legal to cross the border in order to find a criminal, although it may still cause issues with local law enforcement.