When someone is arrested, they may be able to post bail in order to be released from jail while they await trial. However, bail can be expensive and many people may not have the resources to pay it. This is where bail bonds come in. In this article, we'll explore how bail bonds work for defendants.
What is a Bail Bond?
A bail bond is a type of surety bond that is used to secure the release of a defendant from jail. The bond is issued by a bail bondsman or bail bond company, who agrees to pay the full amount of the bail if the defendant fails to appear in court. In exchange for this service, the defendant or their family must pay a non-refundable fee, typically 10% of the bail amount.
For example, if the bail amount is set at $10,000, the defendant would need to pay $1,000 to the bail bondsman. The bondsman would then post a bond with the court for the full $10,000, ensuring the defendant's release. If the defendant appears in court as required, the bond is exonerated and the bail bondsman is released from their obligation. If the defendant fails to appear, the bail bondsman must pay the full amount of the bail to the court.
How to Obtain a Bail Bond
To obtain a bail bond, the defendant or their family must first find a bail bondsman or bail bond company. Bail bondsmen are typically licensed by the state and can be found through an online search or by contacting a local jail or courthouse. Once a bondsman is chosen, the defendant or their family must provide some basic information, including the defendant's name, the amount of bail, and the location of the jail where the defendant is being held.
The bail bondsman will then determine whether the defendant is eligible for a bond. Factors that may be considered include the severity of the crime, the defendant's criminal history, and the defendant's ties to the community. If the bondsman decides to issue a bond, the defendant or their family must pay the non-refundable fee.
Once the fee is paid, the bondsman will post the bond with the court and the defendant will be released from jail. The defendant will be required to appear in court as scheduled and comply with any other conditions set by the court, such as staying away from certain individuals or refraining from drug or alcohol use.
What Happens if the Defendant Fails to Appear?
If the defendant fails to appear in court as scheduled, the bail bondsman may attempt to locate the defendant and return them to custody. If the defendant cannot be located, the bondsman will be required to pay the full amount of the bail to the court.
In some cases, the bondsman may work with a bounty hunter to locate the defendant. A bounty hunter is a licensed professional who is hired to locate and apprehend individuals who have skipped bail. Bounty hunters are allowed to use a variety of methods to locate the defendant, including surveillance, interviews with friends and family, and other investigative techniques.
Conclusion
Bail bonds are an important tool that allows defendants to secure their release from jail while they await trial. While bail can be expensive, a bail bond can help make it more affordable for defendants and their families. If you or a loved one is facing criminal charges and needs assistance with obtaining a bail bond, it's important to work with a licensed and experienced bail bondsman who can guide you through the process and ensure that your rights are protected.