Some Information about Bail Bonds
It can be a traumatic and frightening experience when you are accused of a crime and then get to be arrested and spend time in jail. Since a person is legally innocent until proven guilty, he or she will be lucky to be allowed in most instances by the judge to be released until his or her trial or hearing day. But there is some form of guarantee that the judge may order you to provide so that you will return to face the charges against you, before you are released from custody. This security, which should be turned over to the court in forms of either cash, property, a signature bond, a secured bond through a surety company or a combination of these forms, is called a bail bond.
A bail hearing is a formal procedure where usually a bail bond is set. During this formal hearing, the judge meets with the accused individual and listens to information in order to decide if it is appropriate to set bail or not. The judge will then consider information about the financial resources of the defendant if some types of bail bonds are considered like secured or property, and also the sources of funds or property that will be used as collateral for the bail bond. If someone else will post bail for the defendant, this is considered as a surety bond, and in which case, the financial condition of the individual will also be looked into by the judge.
When a surety bond is involved, the person involved with the surety must be present during the bail hearing together with the defendant, where both of them will be informed of the responsibilities and obligations set by the judge. Be aware that if you are guaranteeing a surety bond, that you are confident with the defendant to fulfill responsibilities, and will not violate conditions of his or her release, or else your bail may be revoked or forfeited.
Bails can be in different choices like cash bail meaning through cash, or through certified checks or money orders. If you are posting the cash bail, it is for your own security to keep the receipt so that you can collect the refund once the terms of the bail have been met.
In the case of signature bonds, there is no need for the defendant to post any funds or property as security, unlike cash bail. In a corporate surety bonds, the bail bondsmen would secure the bail bond, and the defendant will only have to pay the 10% of the total bail amount, however, in cases when the defendant does not meet conditions of his or her bail, the defendant must have the financial capabilities to be able to pay the remainder of the bail.