What is Bail?
Bail is the exchange of money or property that is used to release the accused from custody. It is subsequently put forth to guarantee one's appearance in court for trial or sentencing. It is a monetary obligation signed between the accused and the court to ensure that the accused will appear in court on the assigned date. If it the court decides that the accused is absolved of any wrong doing, bail is returned to the accused (minus an administrative fee). If the accused does not appear before court on the assigned date, bail remains in the possession of the court and a warrant can be posted for arrest of the accused arrest.
What are Bail Bonds?
Bail bonds are similar to a loan. Just as there are many different loans available, there are also many options for bonds. They are:
- Cash: The full bail amount is posted and returned to the accuser if so deemed by the judge.
- Secured: The bond is secured with property, such as a deed or title, and is the same worth of the bond. Stocks and other assets can also be used as collateral.
- Unsecured: The accuser signs a statement promising to appear before court on said date and agrees to pay a set amount if neglects to appear.
- Own Recognizance (OR): Similar to an unsecured bond except that no collateral or promise is required before posting.
The type of crime that has been committed, and the flight risk of the accuser, determine the amount of bail. Usually a bail bond hearing is set within 48 hours of arrest, and a judge decides the bail amount based on these criteria and other extenuating circumstances.
Where Do You Get a Bail Bond?
Bail bonds agents are available in all small and large metropolitan areas. A quick search on the Internet or the yellow pages of your local phone book provides a listing of available agents in your area. To find a licensed and reputable agent, consider searching associations, such as the Professional Bail Agents of the United States (PBUS) and the National Association of Bail Enforcement Agents.
Once an agreement is made with a bail agent, a ten percent payment of the set bail is required. The bail agent pays the court 100 percent of the set bail; that amount is returned when the accuser appears in court. Since the agent keeps the ten percent payment, it is advantageous for the accuser to pay the bail in cash so that he can avoid a bail bond fee.
Failing to appear in court revokes the rights of the accuser to either collect on a cash or secured bail. Often, a bail agent will attempt to retrieve the bond that he posted on the accuser's behalf by contacting the accuser and delivering him to court.
