If someone has been arrested, the court may grant him bail. If he cannot pay the bail amount, he can approach a bail bondsman to provide the surety to the court for a fee. Quite a few myths and misconceptions abound even though bail bonds are court-approved and a legal method of staying out of jail while waiting for the conclusion of the trial. Some of the common myths surrounding bail bonds you need to know the truth about:
A Bail Bondsman Decides the Bail Amount
The judge decides on the bail amount though the bail bondsman provides the surety to the court. According to Nolo, the judge considers various factors like the nature of the crime, the chances of his fleeing, his propensity to commit more crimes, previous criminal records, and more, and the defendant’s profile. Giving bail for temporary release is only an option, and the judge is well within his rights to deny one. The defendant or the bail bondsman cannot negotiate the bail amount mutually or with the court.
Bail Bond Fees Are Refundable If the Defendant is Acquitted
If the court finds the defendant not guilty, it will arrange to refund the bail amount to whoever had posted it. In case of a bail bond, the court will refund the bail bondsman; however, the defendant will still need to pay the fees for the bail bond as agreed upon earlier, which is usually 10-20% of the bail amount. The court will also return the bail amount if the defendant is found guilty but has not violated the bail terms. It can take more time for the court to return the deeds of property used to provide collateral for the bail. Defendants should be careful to comply with the conditions of the bail to avoid forfeiture of the bail amount, says a Castle Bail Bonds spokesperson.
The Defendant Need Not Appear In Court after Posting Bail
When the judge sets bail, it is only to ensure that the defendant can enjoy the freedom from custody but reappear in court as and when required. If the defendant violates the bail conditions, he can be rearrested and sent back to jail without any chance of getting bail again. The bail amount posted by him or by his bail bond company stands automatically forfeited. The bail bondsman can use all legal processes available to recover the money from the defendant while the trial will decide if the defendant is innocent or guilty. The specialist just aides people who were allowed bonds meet the monetary prerequisites to fulfill the court request
Bail holding maintains the option to be free on bond until a case is settled through the court framework. An adjudicator supports people for bail, and there are a few occasions (savage wrongdoings or habitual perpetrators) where bail is denied. The bail bond organization doesn’t set the norm on who is conceded bail or start the arrival of the litigant.
Conclusion
The granting of bail is a measure allowing the defendant to enjoy freedom pending his trial. If the defendant does not appear before the court as is mandated by the bail terms. The court takes serious note of it. And orders him to be rearrested and put into custody. Typically the bail conditions will also make it necessary for the defendant. To obey all laws, refrain from alcohol and drug use, possess weapons, comply with travel restrictions, etc. In case of any violation, the bail amount is forfeited. Which means that the defendant will have to pay the bail bond company. The full amount of the bail and the agreed-upon fees.
