Remaining in jail is not a pleasant experience, especially as you await trial. Judges will issue bail terms or the release of a defendant before their trial. In most situations, the bail amount is often high for the defendant to pay from their resources. In such situations, Bail bond agents are the solution. They will pay your bail and, in turn, secure your release. You can, therefore, take care of your children, go to work and prepare for your trial.
Upon arrest, suspected criminal offenders are presented in court, where their charges are read, and a trial date is set. Defense attorneys then request the courts to release their clients on bail pending their trial date. Judges then exercise discretion when setting the bail amount upon reviewing specific circumstances, including the crime you are charged with, the possibility of you being a flight risk, and any convictions on your record.
Bail serves as a surety you will attend the trial. Once you pay the sum, you avoid jail time before your trial date.
Bonds and bail are often used interchangeably but are different. Bonds offset the bail amounts on the defendant’s behalf by bail bond agents.
Some mistake bails for fines. Both serve different purposes. Convictions result in fines as punishment for the crime. Bails, as already described, secure a defendant’s freedom.
Minor offenders are usually let go after signing a written citation committing themselves to show up on the set court date. Those facing charges of severe offenses go through the bail process.
Once booked, you will be presented in court for arraignment. At the arraignment, the judge will formally read out your charges. You then will be offered the opportunity to secure your own release through bail. If you cannot afford to pay the amount requested, turn to a Carson bail bond agent.
You’ll have to part with 10% of the bail amount upfront payable to the bail bonds agent. The amount is a non-refundable fee for their services. Additionally, the bail bond agent will ask for security for the amount they paid for the bail. This is where a guarantor or an indemnitor comes in. These are people willing to be held accountable for you to attend court proceedings without fail. Guarantors offer assets like houses or cars as collateral.
If you honor your court dates, the court will refund the bail bond agent the sum they offered for your release. However, your bail will be forfeited if you fail to show up. Therefore, you will owe the full bail amount to the bail bondsman. They then can repossess the security in the contract to recover the sum.
Bail schedules outline the bail amounts against specific offenses and vary depending on the jurisdiction and the type of offense.
Misdemeanor offenses have bail values eight times lower than bail sums issued for felony offenses.
Accused persons pay for their bail in cash. Some courts may allow credit card payments. Cash bails are more common when an accused is considered a flight risk or a danger to the public. The amounts are set high enough, and thus most accused individuals end up remaining in custody until their court date.
If you pay the bail sum and fail to appear in court at the designated time, you will forfeit your bail. A judge will then issue a warrant for your arrest. If you attend all your hearings, the court refunds the bail sum after the conclusion of your case.
Property bonds utilize possessions like houses, cars, or other properties to secure bail. The alleged offender or their loved ones will then deposit titles of their properties with the court, and the court will then lay claim on the property. Failure to attend court hearings compels the court to possess the assets to cover the cost of bail.
It is advisable only to use your property to secure your freedom as the last result. Losing your property leads to financial ruin that proves challenging to recover from even after a trial’s end.
However, the judge may make an exception if the following are true:
If the alleged offense falls in the category of a serious or violent felony, certain domestic violence crimes, or specific violations of protective orders, your Carson attorney will have to provide a written notice to the prosecutor. The notice details your intention to request a bail reduction at the bail hearing. Further, your attorney should submit the notice two days before the hearing.
While judges can reduce bails, they too can raise bail sums. Judges decide based on the concerns raised by prosecutors, the court was unaware of, like a parole or probation violation. To avoid this situation, you should post bail as soon as possible without initiating a hearing. Doing so reduces the risk of the judge finding out about these material facts before they set bail.