The gradual process of resolving cases in courts is really affecting a lot of suspects negatively. This sluggish process makes them stay in jail for as long as they await justice. However, there is a way through which suspects can avoid staying in jail for long, and that is through posting a bail. A bail is the set amount of money which acts as an insurance between the arrested person and the court. Upon paying the bail, the suspect will stay out of jail, but still, attend court proceedings as ordered by the court. Unfortunately, not all suspects are able to pay the set bail. In such cases, they should consider going for a bail bond.
What are bail bonds?
Bail bonds are written promises signed by surety bond firms and defendants ensuring the defendants appear in courts at set dates and time as ordered by courts. However, they will not be put behind bars in this case. Normally, the bail amount to be paid is set by the relevant court. Bail Bonds come in two types which are:
Civil Bail Bonds
These bail bonds are used in civil cases. The surety bond organization pledges to pay the debts, costs, and interests placed upon the defendant.
Criminal Bail Bonds
Usually used in criminal cases and requires the defendant to appear in court as ordered by the court. The bond agency pays the defendants’ penalties or fees placed upon the criminal defendant.
How Bail Bonds Work
In case the defendant cannot pay the set bail, he or she should approach a surety bond agency for help. The agency has bail agents or bail bondsmen who will assist the defendant in clearing the bail dues.
First, the defendant needs to pay 10% of the total bail amount to the Bail Agent. Then the bail agent will find the remaining amount to act as collateral. In case the defendant lacks enough collateral, the Bail Bondsman may reach out to the defendant’s friends and relatives to help in paying the bail. There will be additional costs and collateral payments which will be incurred while implementing the Bail Bond.
When the defendant shows up in court, the court will refund the bail paid once the court case ends. Then, the Bail agent will have to keep 10% of the bail as profit.
In case the defendant does not show up in court, the set Bail Bond will be canceled with the court requesting for payment of the 90% bail amount. The Bail agent will use collateral owned by the defendant to clear the outstanding bail amount.
Bail bonds do come in handy when the defendant is unable to pay the set bail amount. Once the bail bond has been initiated, the defendant is allowed to leave jail and appear in court on the set date, as ordered by the court. In this case, a bail bondsman is responsible for finding the means of paying the remaining bail amount. However, the defendant should appear in court for the bail bond to be effective.