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What you should know about Bail Bonds

  • An arrest and time in jail can be frightening if you are charged with a crime. A judge can often release you until your trial or hearing, as you are legally innocent until proven guilty. You may be required to give some type of assurance that your innocence will not be proven, in order to release you from custody. This security is called a Bail Bond. The court will usually require that you provide a Bail Bond in cash, property, signature, or secured bond through a company. bail bonds

    Bail bonds are normally set up in a formal hearing called a bail hearing. This is where the Judge meets the accused (Defendant) to determine if bail should be set. If certain types are being considered for bail, like a property bond or secured bond, the Judge will review information about the Defendant's financial resources as well as the sources of any property or funds that will be used as collateral. Anybody else posting bail for the defendant will be considered as a surety.

    A Surety must attend the bail hearing with the Defendant if he is involved in bail provision. The Judge will then inform them of their respective obligations and responsibilities. Important to remember that bail can be revoked or forfeited if the defendant fails to appear at subsequent hearings or court dates. So it is very important that the Surety has confidence in the Defendant before posting bail. bail bondsman

    Once the bail has been set, it is important to understand the various bail options. Cash bail can be paid in cash. However, certified checks, cashier's checks and money orders are all acceptable options. The receipt that was issued for cash bail must be kept by the person posting it. This will allow them to claim their refund after the bail conditions have been fulfilled. It may be necessary that the Surety or Defendant fill out tax forms such as IRS Form W-9, depending on how much cash bail was posted.

    Signature bonds, unlike cash bail, do not require a defendant to secure any money or property. The Defendant typically only needs to sign the forms required by the court clerk to be released. However, it is very important that you pay attention to any instructions or conditions given by the Judge to make sure that the defendant is fully aware of what he needs to do to secure his release.

    Corporate Surety Bonds, also known as bail bonds, are guaranteed by Bail Bondsmen. The bail bondsmen usually pay 10% to the Surety or the Defendant. If the bail is cancelled or the Defendant fails to meet his bail conditions, the Surety or the Defendant must have enough financial assets to cover the remaining bond. Even if a defendant has met all bail conditions, 10% of bail remains the property and will not be returned to the defendant.