What you should know about bail bonds
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by: Ssol
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If you are accused of a crime, getting arrested and spending time in jail may be an unfamiliar and frightening experience. Luckily, considering that you are legally innocent till proven guilty, in numerous situations a judge might permit you to be released until your hearing or trial. Nevertheless, the judge may order that you offer some kind of guarantee that you will return to face the charges against you before you are able to be released from custody. This security is known as a Bail Bond, and it must commonly be turned over to the court in the form of cash, a signature bond, secured bond from a surety company, property, or perhaps a combination of forms.
Bail bonds are usually set in the course of a formal procedure known as a bail hearing. This is when the Judge meets using the accused individual (Defendant) and hears facts about whether or not it's suitable to set bail. If particular forms of bail bonds are being considered, like a secured bond or property bond, the Judge will take into account information about the Defendant's economic resources and the sources of whatever property or funds are going to be utilized as collateral for the bail bond. If any one else will be posting bail for the Defendant, they're considered as a Surety and their monetary situation will also be considered.
If a Surety is involved in supplying bail, he must be present at the bail hearing in addition to the Defendant, and the Judge will inform both ofthem about their various obligations and responsibilities. It is quite important to note that if the Defendant does not fulfill his responsibilities and appear for subsequent hearings and court dates, or if he violates any requirements of his release, the bail might be revoked and forfeited. So it's extremely important that the Surety has confidence in the Defendant prior to posting bail.
As soon as the bail has been set, it is necessary to know the various bail alternatives. “ Cash” bail may perhaps include things like cash, however it can ordinarily also be paid by certified checks, cashier’ s checks or money orders. It is really critical for whoever posts the cash bail to keep the receipt they receive to ensure that they will be able to collect their refund when the terms of the bail have been met. Depending on the dollar amount of cash bail, it might also be necessary for the Defendant or Surety to complete tax forms like IRS Form W-9 too.
As opposed to cash bail, signature bonds mean that a Defendant will not have to post any funds or property as security. Normally the Defendant only needs to sign the correct forms for the court clerk in order to be released. However it is really important to pay close attention to any circumstances or instructions that the Judge has given to be positive that Defendant understands precisely what he must do to ensure that his bail is not revoked.
Corporate Surety Bonds are bail bonds which are secured by Bail bondsmen. Ordinarily the Defendant or the Surety pays 10% of the total bail amount to the bondsman, and the Defendant or the Surety has to have sufficient financial assets that they could pay the remainder of the bond if the bail is revoked or if the Defendant doesn't meet the requirments of his bail. Even when the Defendant does meet all of his bail requirements, the 10% remains the property of the bail bondsman and is not returned to the Defendant.
In some cases a Judge may possibly approve Property bonds as collateral to secure a bond. Typically the Judge will require that the Defendant or Surety present proof of ownership of the property, as well as an appraisal of value, plus a list of any existing claims or other encumbrances against the property.
As soon as the requirements of bail have been met, the bail may be released or returned. However, it is important to bear in mind that this does not necessarily take place automatically. Commonly the Surety, the Defendant or the Defendant's attorney will have to file a motion or take some other action to recover the money or property securing the bail. So always check with the procedures in your case and make sure that the appropriate actions are followed to have the bail returned to theappropriate person.
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Source: What you need to know about bail bonds For more information about bail bonds resources, bail bonds, and answers to your questions about bail bondsmen, and bail bonds agents in your area, please visit http://bailbondsresources.com
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