Understanding Bail Bonds and the Bondsman: For the Layman
If you are ever charged with a crime due to a serious mishap, spending time in jail could be a nightmare. If you were to end up in a jail anyway, the first thing that comes to mind is how to get out of it. Fortunately, a person is legally innocent until proven guilty; In most situations, the judge allows the defendant to be free until the date of the hearing or trial.
Generally, the judge requires the defendant to work out some kind of agreement that guarantees his return to face charges until he is officially released from custody. This agreement is called a Bond and is usually given to the court in the form of cash, property, signed bond, secured bond, or property bond. If the defendant fails to appear, the court seizes the bail amount and issues a warrant for the defendant’s arrest after imposing “skipped bail.”
Bail is usually set during an official event called a bond hearing. During a hearing, the judge meets with the defendant and decides, based on the defendant’s verbal statement, whether bail is appropriate. When considering bail bonds, such as surety bonds or property bonds, the judge will consider the facts and figures of the defendant’s property and financial resources, as well as collateral resources.
A number of factors are taken into account when setting the bail amount. First, the judge looks at the defendant’s criminal history. A felon or repeat offender is likely to be set a higher bail compared to someone with no criminal record. The intensity of the crime is another aspect when deciding the amount of the bail. The more severe the custody of the defendant, the higher the amount of bail they must pay. The amount is often set higher when the judge assumes the defendant will not return to court.
A bail bondsman, or bondsman, is a person or company that acts as a surety and pledges money or property as bail on behalf of people accused in court. Before agreeing to post bail, the bail bondsman asks for security from the defendant, such as jewelry in terms of collateral, property titles, or written agreements from worthy friends, family, and peer groups of the defendant.
Although banks, insurance companies, and other organizations often act as guarantors for many, they remain reluctant to put their funds at the risk of posting a bond. Bondsmen, on the other hand, are usually in business only to look after those accused of crimes, often securing their clients’ release within a couple of hours.
When defendants are unable to pay their own bail, they seek the help of a reputable bail bondsman. A bail bondsman or corporation is fully liable to the court in the event that the defendant does not show up for the final hearing. Therefore, in simple terms, bail can be called as a financial agreement that a bail bond company will make on behalf of the criminal defendant.