Bai Ls and bonds aren’t foreign terms. This is because you’ve probably come across these terms, either by following court proceedings or from the news, as discussed in the video. Importantly, a bail bonding service can only be initiated if an arrest is made. Follow the terms and steps below to understand further how this process works.
What is bail bonding?
Understand that a bail bonding system is designed to secure the release of a defendant from jail while awaiting court trials. Additionally, it works as a subtle collateral whereby the defendant guarantees to appear during court trials as required.
In detail, bail is usually hard for most individuals to pay. As such, they may request a bail bondsman to post the bail on their behalf. However, a certain percentage has to be paid upfront, usually 10% of the total bail amount. And who’s a bail bondsman? You ask.
The Role of a Bail Bondsman
For a bail bonding service to mature, a bail bondsman must come into play. They act as a surety on behalf of the defendant. Furthermore, their main job is to ensure that the defendant appears in court for all scheduled hearings and proceedings.
In return for posting the bail, the defendant’s family is obliged to pay the bondsman a non-fundable fee, usually 10-15% of the total bail amount, as stated earlier. So, what’s the process of obtaining a bail bond?
The Process of Obtaining a Bail Bond
First, there has to be an arrest and booking of the defendant. Secondly, a bail hearing process will follow. This normally happens when the defendant appears before a judge, and it’s the judge who will decide whether to grant bail or not and, if so, sets the bail amount.
Thirdly, once the bail amount has been set and the defendant’s family or friends can’t afford the bail, they’ll have to contact a bail bondsman. Upon this, the bail bondsman will ask for the defendant’s name, place of arrest, and the charges the defendant is facing.
Fourthly, the bond application process will commence. It involves an agreement between the bondsman and the defendant that they will pay the bond fee minus default.
Lastly, posting of the bail. Once the application is approved and the fee is paid. The defendant is declared free to return while awaiting trials. In the meantime, the defendant must attend all the court hearings and proceedings without fail.
Wrapping Up
Understanding the dynamics of how criminal justice operates helps you grasp legal processes more clearly. Moreover, it’s good for general knowledge since you don’t know where you might apply them. So, keep exploring and learning.