What Is A bail & How Do They Work?
We’ve all heard on the news, “So-and-so has been released on $50,000 bail.” But what does this really mean? what’s a bail? How does it differ from a Bail Bond? Bail Bonds Fayetteville NC
When someone is arrested for a criminal offense , they’re held in jail until their court date, until the judge decides to allow them to continue their own recognizance, or until they’re released on bail.
Please note: We don’t offer bail bonds
What is Bail?
Bail may be a set amount of cash that acts as insurance between the court and therefore the person in jail (the defendant.) Defendants have the choice to pay their bail in cash, but many cannot do that .
Since bail is usually set at a high amount, most defendants are financially unable to post bail by themselves. They seek help from a bail agent, or Bail Bondsman, who posts a bail for them.
What is a Bail Bond?
A bail may be a sort of performance bond provided by a performance bond company through a bail agent or Bail Bondsman that secures the discharge of a defendant from jail. There are two sorts of Bail Bonds:
Criminal Bail Bond: utilized in criminal cases and guarantees that a defendant appear for trial when called upon by the court and guarantees payment for any fines or penalties that are decided against the defendant. Bad Girlz Bail Bonding of Fayetteville NC
Civil Bail Bond: utilized in civil cases and guarantee the payment of the debt, plus interest and costs, assessed against the defendant.
You can learn more about bail and Bail Bonds.
How do Bail Bonds Work?
A judge sets a bail amount. If the defendant cannot pay the bail amount on their own, they will seek help from a Bail bondsman within the sort of a bail .
To post a bail , a defendant is typically required to pay a Bail bondsman 10% of the bail amount.
The Bail bondsman will then secure the remainder of the bail amount within the sort of collateral. If the defendant doesn’t have enough collateral, the Bail Bondsman might hunt down relatives and friends to help in covering the bail.
Often times, a further cash payment plus full collateral is required for a bail to be posted.
What happens next depends on if the defendant appears in court after being released.
If defendant fails to seem in court: The bail is forfeited and therefore the court requires the remaining 90% of the bail to be paid. The Bail Bondsman will use the defendant’s collateral (house, jewelry, stocks, etc) to pay the court the remaining bail amount.
If a defendant does appear for court: Upon conclusion of the court case, the bail is dissolved and therefore the collateral is returned to the one that posted it. The Bail bondsman keeps the ten cash fee as profit.
Bail Bond Example
For example, John is arrested. The court set John’s bail at $10,000. John wants to be released from jail but he doesn’t have $10,000 in cash, so he seeks help from a Bail bondsman to post a bail for him.
The bondsman requires $1,000 to post a bail for John, thus releasing him from jail.
For the opposite $9,000 of bail, the bondsman secures collateral from John and/or John’s family. Collateral might be within the sort of a car, a house, jewelry, etc.
As long as John appears in the least necessary court dates, the bail sman requires no extra money and therefore the Bail Bond is dissolved at the conclusion of John’s case. John’s would get his $9,000 in collateral returned, but he wouldn’t get the $1,000 back; the bondsman would keep this as profit.
If John doesn’t appear in court, though, the bondsman would need to pay the court the remaining $9,000 of bail. to try to to this, the bondsman would use John’s collateral.
If John had posted the $10,000 in cash, he would be entitled to a refund at the conclusion of the case, no matter the result .
How to get a bail
This is because if the defendant fails to seem in court, the performance bond company who issued the bond is responsible for the complete bond penalty. in fact , thanks to the character of surety bonds, the surety company would hunt down compensation from the defendant so as to recover any penalty that they had to pay.
Some states prohibit Bail Bondsman (Illinois, Kentucky, Oregon, and Wisconsin). These states still have Bail Bonds, but the ten payment of the bond goes to the court and not a bondsman.
It is important to know the danger involved in Bail Bonds. Underwriters will evaluate the entire risk of posting a bail , including personal life, financial situation, family circumstance, and therefore the case itself, before issuing a bond.
Approval isn’t easy and sometimes requires people to indemnify, or co-sign, for the defendant.