Archives for August 2019

There are many types of bail bonds, and it can feel like a quagmire figuring out what each one is. In the following article, we’ll attempt to straighten out some of the confusion surrounding the system. We’ll also discuss what influences eligibility and what the future might look like for the current system.

What Influences Eligibility?

Many factors can influence your eligibility for bail. These factors are pretty universal no matter which of the seven bond types we’re talking about below. They are:

• Flight risk: do you have a history of “failure to appear” on your record? If so, it will be more difficult to get bond granted.
• The seriousness of the crime: public intoxication is not the same as murder in the eyes of the law. The former is likely to receive bail while the latter either won’t, or they’ll face a very high cash bond amount.
• Prior criminal history: if it’s a first offense and a misdemeanor or lower-grade felony, you’re a pretty good candidate for bail eligibility. Habitual offenders or individuals with outstanding warrants will face higher bail amounts or no bail at all.
• Familial obligations: you may be the only one working or you may be sole caregiver to an indigent person. Maybe you’re a parent to one or more children. The court will factor all these scenarios into their decision.
• Community ties: the court probably won’t consider individuals who are heavily invested in their communities (i.e., community organizers, politicians, or philanthropists) serious flight risks.

This isn’t an exhaustive list of what may influence the court’s determination. Depending on what the situation is, the court could use one or several to make its final decision.

The Bond Types Explained

Once you know you’re eligible, it’s time to explore your options. Some of these are harder to get than others. See what your bondsman can do before making a final decision.

1. Cash Payment

Cash payment is sometimes referred to as a cash bond. Of the different types of bonds, this one is easiest to understand.

The court sets the amount. You pay the amount in cash. You get released.

Before you ask, the court won’t accept any type of collateral in place of cash. And you don’t pay a percentage of the bail. You pay the full amount.

Courts may set these unusually high to keep certain types of defendants — violent individuals, flight risks — from attaining bail. The money usually gets returned to the defendant if he made all required court appearances.

If you don’t show up, you don’t receive a refund.

2. Surety Bond

The cash bail system is a direct relationship between the court and the defendant. A surety bond adds one variable to that equation: a third-party payor.

In these cases, the third-party would pay the bail to the court for the defendant. Of the various types of bail on this list, surety bonds can be a bit harder to get.

That’s because the bond company does a risk assessment before taking on the client. If a defendant’s finances, credit report, and criminal history are in question, approval would be unlikely.

Qualifying for a surety bond is a good way of mitigating the costs of bail after you’re arrested. You usually pay between 10 and 15 percent of the bail amount and may get part of that back after honoring the agreement.

3. Citation Release

Of the different bond types, you’ll probably want a citation release more than anything else. You can go home immediately, often from the scene of the incident.

The only stipulation is that you agree to show up for your court appearance as instructed. Failure to do so can result in fines and penalties and, in rare cases, jail time.

Police won’t issue a citation release to anyone. These are typically reserved for misdemeanor offenses.

4. Signature Bond

Among the different types of bail, the signature bond is second only to citation release in terms of what the accused would prefer. These are sometimes called “recognizance bonds,” so if you are “released on your own recognizance,” you will end up signing a signature bond (or “sig-bond,” for short).

The advantage to a sig-bond is that you get out of jail immediately without having to sign over any cash or property. That said, failure to appear will usually result in a monetary judgment that’s determined before your release.

5. Immigration Bond

One of the bail bond types you’re hearing more about with current events is the immigration bond. This falls under the purview of the US Immigration and Customs Enforcement (ICE) agency. There are two sub-types:

• Departure bond: The detained generally pays a refundable $500 amount and agrees to leave the country on their dime. The money goes back to them once they have done so.
• Delivery bond: This is pretty much a cash or surety bond for a detained foreign national in the US illegally. Amounts start around $1,500 and can go much higher depending on the accused’s risk factors.

If one plans to stay in the country, it’s a good idea to use this time to seek the help of an immigration lawyer. Also, it’s time to get family affairs in order and prepare for the possibility of deportation.

6. Property Bond

A defendant who attains a property bond will do so after first putting up some amount of property as collateral. The property will usually need to be double (or more) of the bail bond amount.

Automobiles, jewelry, and real estate are the most common types of collateral offered, but the court or bond company will accept any item of value.

7. Federal Bail Bond

You can only get the last type of bail bond on our list through the federal courts’ system. In these cases, there will be a co-signer for your release who guarantees a sum of money should you fail to meet the bail obligations.

A federal judge will determine the eligibility of the person signing the release. They look at the financial stability and reputation of the signee when deciding whether to approve.

What Is Next for These Types of Bail Bonds?

In California, These types of bail bonds are at risk. That’s thanks to a proposed law known as SB 10.

This law would eliminate bail, putting public safety and dollars at risk while finding new ways to discriminate against the poor and people of color. Click here to learn more about the threat. And if you need bail assistance, don’t forget to call the Bail Man today.

No one wants to find their loved one behind bars. And yet, arrests are happening all around the country at an increasingly higher and higher rate. If your loved one is in police custody, the thing you likely want more than anything is to see them back home.

If you haven’t had previous experience with the bail system, you might not know how it works. It may seem complicated or confusing to navigate, especially in this stressful and emotional time.

With that said, understanding how posting bail works can be the key to getting your loved one back to safety and comfort as soon as possible. Read on, and we’ll walk you through everything you need to know about the bail posting process.

Understanding Bail and Bail Bonds

If you are unfamiliar with the bail process, it’s best to go over the basics first. Bail is a sum of money set by a judge. Each state has it’s own bail system, and paying the bail amount allows an imprisoned person to go free until the date of their trial.

Bail is set to help ensure that a person will return for their trial if they get released from prison. Several factors go into setting the amount of bail, including the severity of a crime and an individual’s past criminal history.

Bail amounts can often be quite high. This is so the individual in question does not forfeit the money and avoid showing up at their court date. Many courts have pre-set bail amounts assigned to various offenses.

In some severe cases, a judge may decide that an individual should not have bail granted and must remain behind bars. This, however, is a rare circumstance.

Bail is usually paid during office hours at the courthouse or after hours at the jail itself. You can use cash or check to pay bail, and can also pay it by putting up property worth the full value of the bail.

Last but not least, you can pay it via a bond, which is a guaranteed payment of the full bond amount. But where does one get a bail bond?

What Is A Bail Bond?

Bail sums are often so high that families have a hard time affording them. In these situations, a bail bond can be a huge help.

What is a bail bond? It is a time of surety bond provided by a bond company or bond bail agent. In this situation, a bail bondsman covers the bail on behalf of the family and secures a quick release. In return for this service, a bondsman will charge a small fee (usually around 10% of the bail).

In most cases, the family or friends of a loved one will need to provide payment or collateral upfront to secure a bond. After this payment, a bail bondsman will contact the courts and get the individual released.

If the defendant fails to show for their court date, the family will be responsible for the full bail amount. The bail bondsman might also use the services of a bounty hunter to bring a defendant back for their court date. A bail bondsman might also be able to sue if a person does not show up for their court date.

Conditions of Bail

There are a few legal conditions that surround the bail process. On one side, there is the Eighth Amendment, which protects arrested individuals against excessive bail amounts.

The Amendment states that government entities, such as the state or county, cannot use bail to raise money for the government. They also cannot use bail to punish a person for committing a suspected crime. This does not necessarily stop some judges from setting very high bail amounts, but the severity of the case must be a match for the bail number.

Bailed-out individuals must comply with given conditions of release. These conditions might vary from state to state, and it’s important to inquire about your local specifics. Violation of these conditions can send an individual immediately back behind bars.

Common conditions include ‘obeying all laws,’ but there may be more specific conditions placed on an individual. For example, if a person gets arrested for abusing their partner, a likely condition would be for that person to stay away from their spouse while released.

O.R. Releases

There are a few instances where the release of an individual may not require bail. These releases are ‘O.R. releases,’ or an on their own recognize release.

An O.R. release will send an individual home as long as they promise to show up for their given court date. Most individuals request an O.R. release, but only those that the courts consider low-risk will find such a request granted by a judge.

If a defendant has strong ties to a community or a low-chance of feeling, they are more likely to obtain an O.R. release. Employment and a lack of prior criminal record are also helpful in securing such a release.

These factors are also a contributing factor in deciding what the bail amount will be set at for an individual.

The Process Of Posting Bail

There’s no worse situation then finding a loved one behind bars. But if you’ve found yourself in such a situation, you must understand the above information about posting bail. Taking the proper steps can ensure the return of your loved one to a safe and comfortable environment.

Have more questions? Give us a call anytime for assistance.