Being arrested and jailed throws you into a world that is unknown to most citizens. Few people know and understand fully the bail bonds process and how the legal system works. It is crucial to get knowledgeable help when arrest occurs in your life. A wise move is to hire a criminal defense lawyer who can not only help you be freed from jail, but can help you all along the way in your defense and trial process.
Best case scenario, a defendant can be released "on his own recognizance." This means that the person agrees to specific terms from the court in order to be released. One of the terms will be a requirement to appear in court at an assigned date and time. In this case, the individual is allowed to go free without any monetary cost. However, should he/she not show up for the court date, they will be charged with contempt and will be rearrested.
There are several types of bail bonds that can be set by a judge under federal and state bail bond laws. One of these is a cash bond. Cash bonds occur when the accused is given a bail amount that must be paid in cash and cannot be covered by property or other assets. This type of bail acts as strong motivation for the defendant to show up in court because he/she will lose the funds paid if they do not appear before the judge.
In a property bond, the defendant must give the title to their own personal property. The title must be given over to the court and should they not comply with their bail terms, the property will be forfeited. A lien is placed on the property and it will be taken from the person who does not appear in court.
Another type of bond used to get someone freed from jail is a surety bond. In this case, a bail bonds person will post the bail in exchange for a fee based on a percentage of the bail amount. The bail bond agent or attorney who pays the bail is responsible for the guarantee that the defendant will show up for their court date. Bail bond agencies keep the fee that is paid to them and attorneys will likely make the bail part of their legal expenses.
A secured personal bond is set for some defendants. In this situation, the accused pays his bond cost directly to the court. He/she does this in hopes that the money will be refunded at the end of the trial process. Many times, this money stays with the court as part of any fine that is incurred by the defendant.
In an unsecured personal bond is given, a bond amount is set, but does not have to be paid at the time the individual is freed from police custody. The amount assigned to the defendant will only have to be paid should the defendant not appear at their assigned date and time.
Whatever type of bail is set and whatever type of bond is necessary, it is important to retain a criminal defense attorney as soon as possible. This professional will not only be able to help you in securing the type of bond necessary, but they can possibly get bail amount reduced or even dropped altogether. If you are facing arrest and booking into jail, make your first call to an attorney.
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