subject: Top 10 Bail Bond Laws and Facts You Need to Know [print this page] Top 10 Bail Bond Laws and Facts You Need to Know
When someone is arrested, it is important to know that bail bond laws dictate the arrest process and court appearance. Proceedings take place according to the different types of bond regulations, geographical area, and the type of crime committed. Whether someone you know has been arrested on a capital crime, felony, or misdemeanor, it is imperative that you consult with your bail bondsman or an attorney to decide on the correct direction and action to take in your particular situation.
The following are facts about bail bonds:
1. Bail is a right protected by the U.S. Constitution. It is integral to the presumption of innocence.
2. Each State has a specific bail bond system. There are State and Federal bail bond laws, and those typically depend on each specific crime.
3. Surety bonds (also known as "bail bonds"), cash bonds (where the full amount of the bail is deposited with the court), and property bonds (real estate secured bonds) are the three types of bonds. Surety bonds are the ones that bail bondmen handle
4. The bail bond fees are regulated by state law and bail agents strictly adhere to this "fee schedule." Otherwise, it is illegal in many states to adjust the fee. Fees range from 8% to 15%, depending on the state. Some states do not allow for bail bondsmen at all.
5. Judges set a "bail schedule." Bail is set depending on specific situations, most importantly a threat to others.
6. Bail can be denied by a Judge, who always has a right and option to do so.
7. The bail bond percentage amount is non-refundable. Once the defendant has been released from jail, the bondsman's fee is earned - even if he charges are dropped or the defendant is found innocent.
8. Upon release, defendants will have to sign an agreement which states they will not flee and will return to court as required.
9. The defendant may be held in contempt of court or arrested again if you do not adhere to your bail bond rules and regulations.
10. Most defendants will have to have a cosigner, known as an "indemnitor," who guarantees, along with the bondsman, that the defendant will show up for their specific court appearance, and if they fail to comply, the cosigner may be penalized.
It is very important that you know your rights, laws, and fully understand the bail bond system before bailing someone out of jail. Defendants can choose to work with a bail bondsman or an attorney to get the help needed to be released from jail.
