Generally, the first thing that a jailed individual wants to do is get out fast. Posting bail is the best way to do this. Bail is a legal term that refers to the release of an individual from custody, typically in exchange for a set of conditions that the individual must meet to ensure their appearance in court. A bail’s purpose is to make sure that the accused will appear in court when required and protect the public from possible harm by the accused.
In California, it is unlawful to detain an arrested person mainly because they cannot afford bail. Instead, there must be convincing and clear evidence that detention is necessary to protect public safety.
So, how to post a bail bond?
Posting A Bail Bond To Get Out Of Jail
When authorities arrest someone, one of the first things that will happen is a bail hearing. This is where a judge will decide how much money the accused person needs to post to be released from jail while their case is pending. If the accused can’t afford a bail bond on their own, they may need to get help from a bail bondsman.
Bail bondsmen are professionals who can help you post bail. They charge a fee for their services, which is typically 10% of the total bail amount. So, if the bail is set at $10,000, you would pay the bondsman $1,000 to get out of jail.
Also known as bail agents, bail bondsmen are licensed by the state and regulated by the Department of Insurance.
What Are Your Options In Paying Bail?
- Using a bail bond company
- Using a money transmitter like Western Union or MoneyGram
- Using an inmate locator service
Limits On Bail
A judge sets a monetary bail when he believes that the defendant will flee before his trial or threaten society. This money is forfeited if the defendant fails to appear for his trial. The amount of bail depends on the circumstances of the case, but it can be set pretty high — up to $1 million in some cases.
In most criminal cases, however, bail does not exceed $50,000. Defendants who can’t afford to pay these amounts usually rely on a bail bondsman who gives them a loan for the full amount of their bail in return for a 10 percent down payment. Most defendants try to raise this money by asking family or friends to loan them.
Non-monetary bail bonds are set when a judge believes that the defendant will not flee and is not a threat to society. This type of bail usually requires the defendant to appear for all court proceedings and to obey and follow any other conditions set by the judge. If the defendant violates these conditions, he can be arrested and held without bail until trial. Non-monetary bail may include requirements such as house arrest, wearing a tracking device, or staying away from certain places or people. The most common condition of non-monetary bail is to stay away from the victim in the case.
Bail limits help ensure that defendants show up for their trials. They also protect victims and society by preventing defendants from fleeing before their trial. However, bail limits can also keep some defendants in jail who may not be a threat to society or a flight risk. This is especially true for low-level offenders who cannot afford to pay high bail amounts. The defendant may have to wait months or even years for his trial in these cases because he cannot afford to post bail.
Conditions Of Bail
When determining whether or not to free a suspect on bail, a court will consider the following:
- Defendant’s history
- The severity of the charge
- If they are or not a flight risk
The amount of bail that is set also depends on these factors. Sometimes, a defendant may be released on their own recognizance to show that they are not a flight risk.
What Happens If The Accused Fails To Show Up For Court?
If the accused doesn’t show up for their court date, the court issues a warrant for their arrest. It can cause serious consequences if the accused is later found. If they are arrested, they may be held in jail until their court date. Not appearing in court can also lead to a criminal record. It’s important to remember that these consequences can apply even if the accused has a good excuse for not appearing in court.
If you’re facing criminal charges, it’s important to make sure you show up to all of your court dates. If you can’t make it to a hearing, let your lawyer know as soon as possible. Otherwise, you can face issues as failing to appear in court can have serious consequences. In other words, you must take this seriously. The best person to talk to is a lawyer. They can help you understand the process and what to expect.
Choosing A Bail Bondsman
What Does A Bail Bondsman Do?
The judge sets bail as part of your sentence when you are arrested for a crime. If you don’t pay the amount set by the judge, then you must stay in jail until your case is over. However, if someone pays cash or deeds property to secure your release, that person or institution is called a bail bondsman. A bail bondsman agrees to pay your bail if you fail to appear in court. In return, the bondsman charges a fee, typically 10% of the bail amount. Their role includes:
- Posts bail with the court.
- Arranges transportation to and from the jail.
- Answers any questions you have about the process.
How To Choose The Right Bail Bondsman?
When looking for a bail bondsman, it is important to choose the right one. Here are some tips you may consider:
- Ask your friends and family for recommendations.
- Look for bail bondsmen who are licensed and insured.
- Make sure the bail bondsman has experience in your state.
- Ask about the bail bondsman’s fees and payment options.
- Read testimonials and reviews online to learn more about the bail bondsman’s services.
- Contact the bail bondsman to ask any questions you have before hiring them.