Being arrested is a scary experience, particularly if you are not familiar with how the criminal justice system functions. For people who have had their loved ones arrested, getting them out of jail is a top priority. Bail is an integral step in the criminal justice process. A clear understanding of how the bail system works will help you or your loved ones to get out of remand and start preparing for trial as soon as possible.
What is Bail?
When someone commits a crime or is suspected of having committed a crime, the individual is arrested and taken to the police station. These crimes can be anything from shoplifting and driving under the influence to serious crimes such as robberies.
At the police station, the individual is formally ‘booked’ and placed in detention while the police process the paperwork for the arrest. The police will take a mugshot and fingerprints, make a list of all the belongings on the individual, and do a criminal background check. They will also perform additional investigations if required.
Once the preliminary paperwork is done, the police can allow individuals who committed (or who are thought to have committed) minor infractions to post bail and be released immediately. In the case of more serious crimes, the individual will be transferred to jail while awaiting a bail hearing or arraignment. From this point onwards, the individual will be known as a ‘defendant’ in the legal process.
At the arraignment, the judge will determine if the defendant is eligible for bail and set an appropriate bail amount for the situation. Factors that will influence their decision include social standing, familial ties, criminal history, the severity of the crime involved, and the amount of evidence held by the police.
Bail is essentially a deposit from a defendant to the court to ensure that they will show up for subsequent court proceedings. Bail amounts are sometimes surprisingly high as it is common practice to set high bail amounts to prevent defendants from skipping bail. If a defendant fails to show up for future hearings, the bail money is forfeited to the court.
Once the defendant posts their bail in cash with the court, then they will be released immediately from custody.
How do Bail Bonds Work?
Because bail amounts can be astronomical, many people do not have the financial ability to pay them in full and at such short notice. When a defendant is unable to post the entire bail sum, they can turn to bail bonds for assistance instead.
Bail bonds are a contract between an insurance company or bail bond agency and the court whereby the company will pay the full bail amount should the defendant not attend the required court proceedings. In return, the insurance company charges a premium to the defendant for posting the bond. A guarantor or co-signer, usually a family member of the defendant, will sign for the bond.
For example, if the judge decides upon a $10,000 bail amount, the insurance company will pay the full amount to the court. If they charge an 8 percent premium, the defendant will only have to pay the company $800 for posting the bond. If the defendant complies with all the court requirements, then there will be no further expenses for the defendant.
Sometimes, the defendant will run away and not show up to court as promised. In these cases, the guarantor will become legally responsible for repaying the bond amount to the insurance company. Investigators or bounty hunters may also be recruited to locate the defendant and deliver them to court.
Choosing a Bail Bond Agency
The first step to getting a bail bond arrangement that works for you is to contact a trusted bail bond agency. There are numerous bail bond agencies but not all of them are empathetic and focused on helping individuals and their families navigate the bail process with transparency.
Make sure you choose a compassionate agency that is willing to explain the process to you clearly, listen to your concerns, and discuss your options. Some of the more service-oriented bail bond agencies can even help you locate loved ones who may have been recently arrested.
Talk to your bail bond agency about how to pay off your bail bond. For people who are struggling financially, many bail bond agencies offer repayment by installments and even customized payment plans. Some agencies even offer 0 percent bail bonds in certain circumstances where no initial payment is required.
Bail bonds are a helpful alternative to paying the full bail amount to the court. They provide an easy solution for people who need to get out of detention fast yet do not have the financial capacity to post the full bail.
For individuals who are committed to meeting the necessary court dates, bail bonds are an excellent option to return to normalcy after an arrest. If you or your loved one is facing bail, it can help to talk to a bail bond agency about your options.