Bail bonds are not common practice worldwide. How bail works and the amount the bail is set as is determined by the court in your particular state. Some states have set lists which the judge works from to determine the correct bail amount for the type of crime committed. Other states will allow the judge to set the amount as per the predicted flight risk of the accused and a combination of other factors.
Any person which has been charged with a non-capital crime is generally entitled to bail. Different states have different laws, which apply to keep those accused of violent crimes in custody until their court hearing if they are deemed a flight risk or continual danger to the public. However, for everyone else accused of a crime, bail should be set and not denied. Once a person is arrested, they will be given a hearing date and a set amount for their bail. A bail bondsman can step in to help here as third party.
If the accused skips bail, the bondsman will turn bounty hunter and seek out the accused to return them to court. There is usually a grace period where the accused can be returned to court and the bail money re-released back to the bondsman. The bounty hunter will aim to find and return the accused to court within this grace period. The simplest type of payment, the accused pays the full Bail amount to the courts in cash, sometimes by check or credit card if accepted by the particular county court.
If the defendant has been accused of a federal or interstate crime, a federal bail bond must be posted for release. There is usually a higher fee and extra collateral needed for these types of bail. Federal crimes include fraud , kidnapping , bank robbery , and hate crimes etc.
A surety bond is what we are predominantly referring to in this article. This is a third-party agent stepping in to pay the bail bond for the accused should they fail to appear in court.
A citation release is simply a written notice given by the arresting officer , whereby the accused is allowed to go home and is not taken to jail following their arrest. They must simply show up in court. This is usually given for minor crimes. Private investigators help complement this process. Bail Bonds agents get the criminal out of jail and repay him or her by running off and leaving the agency with a large financial penalty; after this, the bail bonds company sends out a specialized apprehension team to secure the investment and return the defendant to trial.
What Is a Bail Bond Company? What is a bail bond company? Your Practice. Popular Courses. What Is a Bail Bond? Key Takeaways A bail bond cosigned by a bail bondsmen is posted by a defendant in lieu of full payment of the bail set by the court. The bail bond serves as surety that the defendant will appear for trial. Judges typically have wide latitude in setting bail amounts. The bail system is widely viewed as discriminatory to low-income defendant and contributing to the mass-incarceration of young African-American men.
Compare Accounts. The offers that appear in this table are from partnerships from which Investopedia receives compensation. This compensation may impact how and where listings appear. Investopedia does not include all offers available in the marketplace. Related Terms Arraignment Arraignment is a court proceeding in which the defendant is read the charges in the indictment, and is asked to enter a plea.
Subsequent laws provide more protection, but discrimination endures. Reasonable Doubt Definition Reasonable doubt is the standard of proof that must be exceeded in order to secure a conviction in a criminal case. Inside Mandatory Binding Arbitration Mandatory binding arbitration requires the parties to resolve contract disputes before an arbitrator rather than through the court system.
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