16 January, 2020
Everyone should know their rights and basics of law. You shouldn’t wait for something bad to happen before you prepare for it. A responsible person learns everything he can, not just for himself, but for his family, society, and the country. A nation with responsible and educated citizens grows fast and is unlikely to fall. When basic laws and rights are common knowledge, corrupt individuals can’t spoil them. They won’t take the risk of defiling or abusing someone knowing that the other person understands his position in society and will hold him responsible for every evil action. That said, you may not always find yourself at the end that holds others accountable.
Life is an unpredictable journey, and you can never be sure where you will find yourself on the next turn. There might also come a time where you will be facing charges against you and have to defend yourself. This could be because you made a mistake or someone managed to use law for evil intentions. Either way, you will have more problems if you don’t know what to do in such a situation. There are lawyers to help you, but you will need to know when, where, and which lawyer to get and for what objective.
You have to get bail to get out of the police station, prison, or any other place where the law enforcement may have closed you. Since one is kept behind bars, usually, without the permission to leave, getting a bail won’t be as simple as one might think. You should know how the bail process works, how you can get one, and what role do bail bonds play in getting you out. I have shared all this information and more in this article to educate the readers.
What Comes before Bail?
One needs bail when he/she is caught involved in a case where one or more laws were broken. Two things happen to you before you come to the phase where bail is required.
1. Arrest
You need a bail because you want to get out of the custody of the police and live as a free man. If you have broken a law or have been accused to have broken a law, the police will come to arrest you. The police usually arrest a person only when they have sufficient evidence pointing at his involvement. However, it isn’t their job to decide whether you are guilty or not. That’s why we have courts.
You are taken to a court where a judge, based on evidence and statements, decides if you are innocent or not, and what should be your punishment if you are found guilty. The police will most likely keep you in a cell at the police station or at another center that serves a similar purpose. They keep you there until the court passes judgment on you.
2. Booking
The police arrests and keeps you with themselves to trial in the court and complete an administrative process called Booking. A police officer will take all your information and save it in the record. The series of tasks they will do include taking your personal information, a picture, fingerprints, and physical possessions. Your possessions such as wallets and mobile are placed in a storage facility and are later returned to you.
During this phase, they also perform a health evaluation and search for any warrants that be required to pursue the case. They will investigate you, asking you a series of questions to collect data on the case and find proof. This can be a very tense time for the accused, especially when he/she doesn’t have a legal advisor.
Can You be Released without a Bail?
Once you are taken into custody, there is a possibility that you might be released and later called to appear in court. Whether police can do this or not is determined by law. If you are arrested for a minor low-level crime, such as petty larceny or disorderly conduct, the police can let you leave with a written notice. You will, however, later be required to show up in court or other issues will open up.
Even if they can’t let you leave with a notice, the police can also issue a bail. You will be required to pay the bail amount on the spot.
There will be some paperwork after which you can leave. This also can’t apply to every case. If you have been accused of a more serious crime, you must be presented in the court even for bail. Until then, you will have to stay in the custody of the police. One who may have committed a serious crime is already hard to catch. The law, in such a case, won’t take the risk of allowing a suspect to leave the custody.
How to Set a Bail?
When applying for bail, you should first learn about the bail amount. The amount may not be easy to afford, but it is payable. The bail is the right of every citizen and Eight Amendment has ensured everyone gets it. You will have to file a bail application which will be submitted in the court before you’re called for it.
Either you or your representative will have to fill out the application. It is suggested to acquire professional help in such a case to increase your chances of getting bail and get everything done smoothly. There will be a number of questions on the bail application, fifteen of which are basic and always the same, such as the charge against you and a past felony record.
The application will have your signature and of another person who will take your guarantee. If you can’t pay the bail yourself, you may need the help of a bondsman who will also go to the co-signer if you fail to pay back.
Types of Bail Bonds
There are three types of bail bonds. You only get bail when you submit the amount set by the court. The judges are also bound to set a bail amount that one can pay. The bond isn’t a practice to collect money for a national treasure. However, it’s never easy to arrange that much money. The judge decides the amount based on several factors, including your past record and financial status. If you’re rich, you may have to pay a handsome amount.
1. Cash Bonds
The most common and easy types of bonds are paid in cash. This is, however, if you have enough money. This is a preferred method to pay the bond as it doesn’t require any waiting or one can’t fool the court or play any trick with it.
2. Property Bond
You can also submit a property if you don’t have cash. The same can be done with jewelry too. The property must value at least as much as the bail amount for this to be considered. Sometimes, it is requisite for the property to have the double value of the set bail amount. Property bonds aren’t accepted in every state; however, the states that do may foreclose on the property if you fail to appear in the court as you were asked.
3. Surety Bond
If you or your loved ones don’t have enough money to pay for the bail, you can opt for the surety bonds. In this case, a third party will pay for your Bail Bonds. You will, of course, be required to pay them back as per agreement. Such a company or individual is called bondsman, who pays for your bail in return for an agreed-upon profit. The bondsman would also interview the person in custody and the person taking his/her guarantee before paying.
What to Know About a Bail Bondsman?
Paying for one’s bond is a business itself. The bondmen do this as a business. Where there is a business, there can also be frauds. The fraud may not necessarily be illegal. That’s why you have to keep yourself secure from every side. Here are a few things you should learn about the bondsman before opting for his/her service.
What Do They Need As Guarantee?
A company won’t blindly put its trust in you. They will always need something as a guarantee and a person may not always do. They will ask you to arrange a guarantor, but you will also need to give them something like jewelry or property.
How Much Will They Charge?
They usually charge a percentage of what they pay for the bail. The percentage may be higher or lower depending on your case, and it also varies from company to company.
Can You Trust Them?
If someone is taking the responsibility to get you out of jail, you should his motives behind it. If it’s just for the profit on the bail, then it’s understandable. It wouldn’t be wise to hand over your jewelry or property to a person who you can’t trust.
I'm Harry Wilson, a senior digital marketing consultant at Globex Outreach. Writing is my part-time hobby because I get to share my experience with the world. Professionally, I help map out a flawless digital marketing plan for the clients at my firm.