When arrested and taken to jail, they may be allowed to post bail. Bail is a sum of money paid to the court to guarantee that the defendant will appear in court for their trial. If the defendant does not appear, the bail is forfeited, and the defendant may be re-arrested. In some cases, a defendant may be unable to afford the total amount of bail and may turn to a bail bond agency for assistance.
A bail bond is a contract where the defendant, the court, and a bail bond agent is involved. Incase, the defendant does not appear in court, the agent has to pay the bail amount. In exchange for this service, the defendant pays a non-refundable fee, typically ten percent of the total bail amount.
- Does a bail bond mean you can get out of jail?
The answer is yes but with some important caveats. When a defendant secures a bail bond, the bail bond agent pays the total amount of the bail to the court. This allows the defendant to be released from jail while awaiting trial. However, the defendant must still appear in court on their scheduled date.
Specialists from Castle Bail Bonds state that if the defendant appears in court as required, the bail bond is released, and the bail bond agent is no longer responsible for the total amount. The defendant may be required to pay additional fees to the bail bond agent for their facilities, but this is typically a small percentage of the total bail amount.
However, if the defendant fails to appear in court, the consequences can be severe. The court may issue a warrant for their arrest, and the bail bond agent must pay the entire bail amount. In addition, the defendant may be charged with a new crime for failing to appear in court and may face additional penalties such as fines or jail time.
- Important to note that only some are eligible for bail
In some cases, such as when the defendant is considered a flight risk or a danger to the community, bail may be denied altogether. In other cases, the bail amount may be set so high that the defendant cannot secure a bail bond.
Finally, it’s worth noting that the use of bail bonds is subject to controversy. Critics argue that the system disproportionately affects low-income defendants, who may be unable to afford the non-refundable fee required to secure a bail bond. This can result in people being held in jail for extended periods, even if they have not been convicted.
In recent years, some states have moved to reform their bail systems. Some have eliminated cash bail altogether, while others have implemented risk assessment tools that consider factors such as the defendant’s likelihood of appearing in court and their potential danger to the community.
We recommend that you get in touch with a reliable lawyer who has credible experience in this field. Discuss matters with him in detail so that you know what to expect and what not to do.
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