A bail bond is a legal agreement between the court, an accused person, and a bail bondsman. It allows for the release of an accused individual before trial in exchange for money or property pledged to the court by the bond agent.
This article provides an overview of bail bonds, what they are, how they work, their advantages and disadvantages, and how to obtain them.
What Is A Bail Bond?
A bail bond serves as security to ensure the defendant appears in court on their appointed date. If the defendant fails to appear in court, they forfeit the amount paid for the bond and can be arrested. Hence, finding a skilled bail bonds agency in Long Beach or any location is best to assist you legally during these trying times.
The primary purpose of a bail bond is to guarantee that any fines imposed upon conviction are met and fulfilled by the person charged with a crime. Courts require defendants to post cash or property collateral, known as bail, to secure these obligations.
It also incentivizes individuals accused of crimes to return from trial proceedings without fleeing justice. When posted, it releases the defendant from pre-trial detention until their case has been heard in its entirety by a judge or jury.
Types Of Bail Bonds
Bail bonds come in various forms and may be tailored to fit the accused’s financial situation. Here’s a list of the different types of bail bonds:
- Cash Bond
A cash bond is a payment made to the court by an arrested individual or someone acting on their behalf. It is one of several types of bail bonds available and is typically considered the most secure form of release from jail.
The amount of money required for a cash bond depends on the severity of the crime and any other factors that may be relevant, such as prior arrests or convictions.
- Surety Bond
A surety bond is a three-party agreement between the principal, obligee, and surety. The principal agrees to fulfill an obligation specified by the obligee in exchange for the surety’s guarantee that this will be done. This type of bond protects the obligee if the principal fails to meet their obligations.
Furthermore, it also ensures compliance with laws and regulations imposed by government entities, such as licensing requirements and legal contracts. In return, the surety receives compensation from both parties to cover any potential losses it may incur should there be issues with payment or performance of duties.
- Property Bond
Property bonds are bail bonds most often used in criminal cases. A property bond occurs when someone pledges real estate as collateral to secure the release of an accused person from jail before their trial date. The court holds title to the sold property until all bond conditions have been satisfied.
When considering whether you should pursue a property bond, be sure you understand what types of collateral will satisfy your situation so that you retain valuable assets in case you cannot comply with all requirements set by your judge or magistrate.
- Immigration Bail Bond
An immigration bail bond is not frequently employed in the United States. This particular bond is utilized for individuals who have been accused of breaching immigration regulations and have been taken into custody by Immigration and Customs Enforcement (ICE).
The purpose of this surety is to guarantee that these individuals attend their scheduled court hearings or other legal proceedings. In cases where the cost of the security does not exceed USD$10,000, ICE covers the expense; otherwise, the individual in question is responsible for payment.
- Federal Bail Bond
Federal bail bonds are a particular type set in place by the federal government and must be posted for individuals arrested on federal charges. This form of bond requires an individual to appear before a judge and answer any criminal allegations made against them.
The amount of money necessary for such a bond depends on the crime’s severity and other factors. For example, if the accused has a prior record or fails to attend court, they may be asked to pay more than usual.
- Citation Release
Citation release, also known as forfeiture release or summons release, follows the same principle of the federal bail bond but applies only to minor offenses that don’t require complete bail bonds. This system enables those cited for misdemeanors or infractions to receive an official summons from the police officer instead of being physically detained at a jail facility.
Unlike traditional bail bond services, citation release doesn’t involve any payment by either party involved in the transaction; it merely requires that one sign up for a pre-trial release program and abide by its terms, which may include wearing an ankle monitor and attending mandated meetings with a probation officer.
- Personal Recognizance Release
Personal recognizance release (PRR) is a form of bail in which the defendant promises to appear at all court hearings and abide by any other conditions set forth by the court. This type of release typically does not require money or collateral and is usually available for misdemeanor offenses.
The decision to grant PRR rests with the judge, who evaluates the case and determines if this form of release is appropriate based on factors such as criminal history, ties to the community, employment status, severity of the crime charged, etc.
How Do Bail Bonds Work?
Bail bonds allow individuals to be released from jail before their trial. A person must agree with a bail bond company or licensed professional bail agent to obtain the release. The agreement requires them to pay the total amount of the bond in exchange for the defendant’s freedom until they appear at court hearings.
This payment is known as a premium and is typically 10 to 15% of the total bail amount set by the court. Suppose all obligations under the contract are met, including appearing at all court dates. In that case, no further payments are necessary, and the entire premium will be refunded when the case has been resolved.
Pros Of Bail Bonds
A bail bond is a legally binding agreement between the court, defendant, and surety that could offer flexibility for individuals who cannot afford to pay their full bail amount. Here are numerous advantages associated when opting for bail bonds:
- Financial Relief
Bail bonds can provide significant financial relief, as they only require a fraction of the total bail amount to be paid upfront, which can be paid in cash or cryptocurrencies. This percentage, typically around 10%, allows defendants to secure their release without needing to pay the full bail amount, which can often be cost-prohibitive.
- Faster Release
Bail bond agents are usually available around the clock and have experience working with local jails and courts. This expertise enables them to expedite the release process, allowing defendants to return home and resume their daily lives more quickly.
- Legal Support
Many bail bond agents have strong connections within the legal community and can provide valuable resources, such as recommendations for experienced attorneys or guidance on navigating the criminal justice system.
- Collateral Options
If a defendant or their family is unable to pay the required percentage of the bail amount, bail bond agents may accept collateral instead. This can include assets such as property, vehicles, or jewelry, providing more flexibility for those who may not have sufficient cash on hand.
- Ensured Court Appearance
Bail bond agents have a vested interest in ensuring defendants appear in court, as they are responsible for the full bail amount if the defendant fails to show up. This often results in agents providing reminders and assistance to help defendants meet their court obligations.
Bail bond agents are typically discreet and maintain a high level of confidentiality throughout the process, ensuring that the defendant’s privacy is protected.
Cons Of Bail Bonds
As with any other legal agreements, bail bond also has its fair share of disadvantages, including the following:
- Non-refundable Fees
When a defendant or their family pays the bail bond agent’s fee (usually around 10% of the bail amount), this money is non-refundable, regardless of the case outcome. This means that the bail bond fee will not be returned even if the charges are dropped or the defendant is found not guilty.
- Potential For Additional Fees
In some cases, bail bond agents may charge additional fees for their services, such as administrative or processing fees. These fees can add to the overall cost of obtaining a bail bond and may not be refundable.
- Risk Of Losing Collateral
If a defendant fails to appear in court or meet the terms of their bail agreement, the bail bond agent may seize the collateral provided by the defendant or their family. This can result in the loss of valuable assets, such as property, vehicles, or jewelry.
- Perceived Stigma
Some people may perceive a negative stigma associated with using bail bonds, viewing it as an indication of guilt or criminality. This perception can potentially impact the defendant’s reputation and relationships.