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When a person is arrested for a crime, a judge will set the bail amount based on the severity of the crime and the past criminal history of the defendant. If the defendant is unable to pay the bail amount then they will remain in jail until their scheduled court appearance. This is a problem for many people who get arrested. A person often has work and family obligations, and being locked-up for any extended period of time could bring hardships. People who find themselves in this tough situation need a bail bond in order to get released from custody quickly.

A bail bond is a guarantee between the court and a bail bondsman, or bond company. The bond guarantees that the defendant will come to court for their scheduled appearance. If the arrested party does not come to court then the bail bondsman is responsible for paying the bail amount. Many bail bond companies seek collateral for high bail amounts because the bondsman must pay the bail for a no-show defendant.

The fee for securing a bond agent is 10% of the total amount set by the court. Most state governments set the legal amount that bail bond companies can charge. For example, if bail is set at $50,000 then the defendant would pay $5,000 to the bail bondsman. The bail bondsman's fee is non-refundable and covers the services provided for securing bail. Most low-cost bail amounts do not require collateral.

Typically it is a friend, relative or loved one who makes first contact with a bail bond company on behalf of the defendant. Being arrested or having a loved one in custody is always stressful. It can also be quite traumatic. Agents must deal with stressed clients everyday and are often ready to help speed the process along. The bondsman will request some basic information in order to begin processing the bond. The agent will ask for the arrested individual's full name and date of birth, the jail name, city, the date he or she was arrested, and the amount of bail set by the court. A bail bondsman can assist with obtaining information that may be unknown.

Some people are surprised to learn that bail is not considered a source of income for the state, nor is it set to punish the defendant. It truly is just an incentive to get the defendant to appear in court without trying to run from the law. In most situations the bondsman's fee is relatively affordable and will not greatly impact the defendants finances. Paying the bail bondsman is much more affordable than paying bail or being locked up for weeks. Obtaining a bond from a reputable bail company can be a quick process with minimal hassle.

Horner Bail Bonds is the most trusted source for Hawaii bail bonds and is backed by Bail USA. They are dedicated to helping people in need of bail throughout the Hawaiian Islands.

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Definitions

Bail bonds are arrangements made by a person with a bondsman to cover for the amount of money needed in order to be released from the jailhouse. Bondsmen can be individuals or businesses who offer to lend money for an interest. Bondsmen are legal services providers who take bond provision as one of their roles. The term insurance bonds are contextually used to ensure that the money is released to the court.

Bail is instrumental in setting an accused person free to live like a normal citizen until such time that his arraignment in the courthouse commences. This is possible through pledging either cash or property as decided for by a judge. Many factors are being considered before a person is permitted to get bailed. The function of the cash or the property deposited is to provide an assurance for the accused person to appear before the court at an appointed time. Failure to do so will result in charges of violating the terms of appointment and possible forfeiture of the pledged cash or property.

The Types of Bail

Cash. This involves money deposited to the court. In most cases, the amount of money needed for a bail to be executed is more than what a person can actually pay. This leads to the same person seeking help from others which can lead to the one below.

Surety Bond. Mostly referred to as bail bonds, this involves a relative, a friend, or a third party individual or company providing the money needed for a person to get bail out of the jailhouse.

Release on Own Personal Recognizance. This type allows for the police to release the accused person and make the latter feel more responsibility to show up in courthouse without the necessity of pledging money or property. This is applicable to individuals whose offenses are not grave enough to consider them a threat to the society. The risk of a person's fleeing is also taken into account where those with low potential to violate their court appointment are given better chances.

Property bond. Apart from money, a person's property may also be used as security for release. This is made possible through a lien. When he fails to meet his appointment, the property is forfeited.

Cite Out. Also called Release on Citation, this type involves a person being released instead of being detained. This does not mean total freedom at all. Depending on the gravity of the offense and a person's legal profile, he may not be arrested but is ordered to appear before a judge on a specific date.

Please visit Orange County Bail Bonds for frequently asked questions about bail bonds.

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When the service of a bondsman is sought, he usually covers the total or the partial amount of money the client needs in exchange for a certain percentage as a fee. This partnership involves a certain degree of security as the person needs to appear before the court at the appointed date or face charges including having the bondsman responsible for paying the courthouse money as a penalty. A bondsman maintains close relationship with courthouse officials and often works with insurance companies, banks, or other credit providers to secure money for its clients.

In the United States

In the US, bail bonds are popularly practiced and have become an integral part of the due process of the law. Because of this popularity, laws have been passed to regulate the practice of third party involvement in bail payment. These laws are created at the federal and state levels and aim at regulating the fees charged by bondsmen to their clients, the rights so the bondsman in recovering losses when a client ends up fleeing and violating his courthouse appointment, and the terms involved on whether the bond money is partially or totally refunded or forfeited.

In Canada

Before bail bonds are approved in Canada, specific criteria should be met: that the accused is not a minor, that the surety is not serving the same function for another accused individual, that the surety is not legally representing the accused, that the surety is not a resident of the province, and that the surety is not a victim of the accused.

In Other Countries

Bail bonds are not that popular in other countries with some even totally not open to its possibility. Some countries like those in Europe provide surety bond services but mostly in the context of trade. In other countries where bounty hunting is permitted, surety bonds are practiced but not in high frequency.

In general, providers of bail bonds, whether they are individuals or companies, are expected to act as supervisors to the accused. This means that they are also involved, to some extent, to the accused showing up on his appointment date otherwise, they are made to pay forfeiture fees. In some countries, sureties are the friends or relatives to the accused who may be living in close proximity to the latter.

Individual provider of bail bonds are also expected to not possess any criminal records of any forms. This is taking into consideration credibility before the law. Note that while surety bonds are an option in countries where it is permitted, other types of bonds co-exist with it. Among these is Release on Personal Recognizance where the accused is released by the police and totally avoids the possibility of going to jail until indicted.

For more information about bail bonds, please visit: Los Angeles Bail Bonds

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