Bail is cash, property, bond, or pledge that a person gives to the court to guarantee that he or she will appear in court through the end of their trial or criminal proceedings.
Bail is cash, property, bond, or pledge that a person gives to the court to guarantee that he or she will appear in court through the end of their trial or criminal proceedings. If the defendant fails to appear at any court proceedings, the the bail will be forfeited, and the poster's money will not be returned.
If you do not have the necessary capital to post bail or simply decide not to use the money you have for the entire bail, a bail bonds agency can help. In California, bail bond companies' charge a fee or premium for issuing bonds at a set fixed rate of 10%. This means you only have to put forth 10% of the entire bond to secure the defendants release. For example, if the total bail amount is set at $20,000, your portion of the premium would be $2,000.
The bond paperwork takes about 15-30 minutes to complete. Once the jail receives the paperwork, the defendants release time typically takes less than an hour. However, it is possible for the release time to take much longer. Generally speaking, the busier the holding facility, the longer it takes.
The 10% premium that agents charge for their services allow them to stay in business. It cannot be refunded under any circumstances, even if the defendant is exonerated of all charges. Most companies charge a 10% fixed rate.
The poster may also be required to put up some sort of collateral in order to get the defendant out of jail. Collateral is accepted in the form of a credit card payment, boat, motor home, vehicle titles, mortgage deeds, and assets on paper. The collateral deemed acceptable must be surrendered to the bail agent until the defendant shows up in court; it is returned once the defendant makes the appearance, charges are dropped, or the defendant is found innocent. Generally, collateral is required if the defendant is a high risk bonds candidate, a flight risk, or repeat offender.
The defendant must appear to all scheduled court hearings; upon release, the defendant contractually agrees to do so. If the defendant fails to appear in court, a bench warrant is issued for his or her arrest and the collateral may be forfeited. Further, a bail recovery agent or bounty hunter will be sent to recover the defendant. A bail recovery agent is legally allowed to track down the defendant and take him or her back to jail. If you fail to make your court appearance, immediately contact the bonds agent and explain your situation. By doing so, the bond may be reinstated. The bonds agent will work with the court to set a new trial date for the defendant and remove the warrant issued. Once this occurs, the bond is reinstated or reissued. However, this process may result in additional fees to the poster.
In short, bail is a part of our legal system that allows an accused person to be temporarily released from custody, so they can continue their lives while they prepare for their day in court.