If you get arrested for breaking the law, you will be sent to jail while your case is presented before a court of law and you will be tried. However, if you are lucky enough to be granted bail, you get to go home to your family while awaiting trial.
Although the process of posting bail is straightforward, it could easily become complicated, depending on the gravity of your offense, as well as your personal circumstances. To avoid confusion while trying to post your bail, you should hire a bail bondsman like Apex Bail Bonds in Danville, to process your bail.
In case this is your first time getting arrested or you are just interested in how the bail process works and what it entails. Then this article is for you.
What is bail?
Bail is the temporary release of a defendant from jail who has not gone for trial, on certain conditions that must be obeyed. The accused is allowed to move around freely as long as he does not bridge the agreements for bail until proven guilty. Several conditions can be attached to bail. Some of which are:
- The individual can’t leave the area until the case has been settled.
- The defendant must not commit another offense or obstruct justice while on bail.
- The accused must make himself present in court at all times a hearing is scheduled.
- The well-being of others in and around the community won’t be compromised while you are on bail.
A surety may also be needed for bail to be granted. A surety is a person that agrees to pay the bail bond in case you do not appear in court on your scheduled dates. The surety should be above 18 years old, needs to be free of criminal convictions, and also have the financial means to pay the bail amount. Different types of bail could be suggested by the judge, depending on the assessment carried out.
Types of Bail And Their Process
If you are arrested for an offense, you could be offered different types of bail, depending on the circumstances around the arrest. Some types of bail would require you to pay a certain amount which is refundable as long as bail terms are not breached. There are other bail bonds that don’t require payment, as the bail is made based on trust. Below are the major types of bail bonds you can be offered.
This bail can be given to an individual at a police station when arrested and charged with an offense. A police officer can grant this bail if the defendant has been put in the custody of the officer in charge of a station. Watch-house bail is given in cases where the crime is not serious. If you are not given watch-house bail, you can seek that the court awards you other types of bail.
This is one of the most common types of bail. This type of bail is decided by a judge and you are expected to pay the full bail amount upfront. The bail is dependent on the nature of the crime and the defendant’s past criminal record. Depending on the gravity of the crime, the bail fee could be as high as thousands, tens of thousands, and even hundreds of thousands of dollars.
Collateral bail is the use of real estate property or giving the court interest in your real estate property until the case is settled. The property that can be used includes landed property, jewelry, vehicles, firearms, or other valuables.
Personal Recognizance Bond
PR Bond is a kind of bail that is given based on trust. The defendant’s records are reviewed, and if the judge is satisfied, the defendant is given a PR bond. The premise on which a defendant is issued a PR bond is if he is a first-time offender and if he was not involved in a serious or violent crime. With a PR bond, the defendant does not have to pay any bail amount or present collateral.
This is a common way of settling bail. The defendant makes use of the service of a bail bond company for the process of posting bail. The bail bond agency charges 10 percent of the total bail amount as a one-time fee for the process. The agency can also come up with a payment plan and cover the cost for the defendant in case he can’t afford the bail bond.