What is a bail bond?
After a criminal defendant is put in jail and awaiting trial, a judge determines the amount of money the defendant has to pay in order to be set free before the trial date. If the defendant does not have enough money to pay the bail, he or she frequently asks a bail agency to pay the bail bond for them. The bail bondsman (who works for the bail bond company) charges the defendant a fee in return for the payment.
How Does Bail Work?
Once a person is charged with a crime, typically, he or she is given a bail hearing before the judge, and the amount of the bail is left for the judge to decide. Judges usually set the bail with a lot of regard to the financial situation of the defendant, although many times, even this latitude does not prevent thousands of defendants in California each year from needing the services of bail bond companies. The bail set can go from $500 due to a non-violent misdemeanor to $20,000 for felony criminal charges.
The choices a defendant has after bail has been set, are to remain in jail until charges are resolved at trial, arrange a bail bond, or pay the complete bail amount until the case is closed.
Like mentioned before, if the defendant, does not have enough cash to post the entire bail, the court will accept a bail bond, which can be defined as a promise by an insurance company (bail bond company) to pay the entire amount of bail the defendant needs. The insurance company will charge a premium for posting the bond through a bail bond agency, how? For example, if the court is asking for $10,000 in bail, then the insurance company can charge a 10% premium or $1,000 to post the bond.
Once the accused makes their appearance at trial, then the court returns the insurance company’s bond, which means that the insurance company keeps the $1,000 for posting the bond. However, if the accused flees, the insurance company loses the $10,000 it posted with the court. The company may also hire a fugitive recovery agent to find the accused and bring him or her to court. If successful, the company’s bond will be returned.
What is the bail process?
When a person accused of committing a crime is arrested, they have a legal right to file a Bail Application, seeking to be considered for release on bail. The accused person has to comply with the bail bond and appear before the police officer or court whenever required to do so. In case he or she fails to do so, then it can result in the termination of their bail. The defendant has to submit the Form 45 given in the second schedule to the court in which their case is being heard. Has the defendant been accused of a non-bailable offense? Then the defendant can submit a similar form before the Court in which their case is being heard.
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