subject: What You Should Know About Types Of Bail Bonds [print this page] When you have been arrested and placed in police custody you most likely will find yourself in a world full of overwhelming and unfamiliar terminology. Few citizens know the ins and outs of arrest and the legal system. It is important to get experienced help when dealing with the arrest and bail bonds process. A criminal defense attorney is your best bet when the time comes that you need assistance with an arrest. Here are some things that you need to know when facing this situation.
To start, in some cases a defendant might be released "on his own recognizance." This means that he/she agrees to all of the terms of their release, including appearing at an assigned court date and is free to go without any collateral being provided. Because bail bond laws do exist, this defendant is subject to being rearrested and held in custody without the possibility of bail and can be charged with contempt of court.
On other occasions, a bail bond will be set based on state and federal laws requiring the accused to give the court something in exchange for release. Often, a cash bond will be set. This type of bond requires a defendant to pay cash to the court in order to be freed from jail. The cash that is paid to the court is returned to the defendant after they appear in court and their trial is complete.
In a property bond, the defendant must give the title to their own personal property. The title must be given over to the court and should they not comply with their bail terms, the property will be forfeited. A lien is placed on the property and it will be taken from the person who does not appear in court.
Another type of bond used to get someone freed from jail is a surety bond. In this case, a bail bonds person will post the bail in exchange for a fee based on a percentage of the bail amount. The bail bond agent or attorney who pays the bail is responsible for the guarantee that the defendant will show up for their court date. Bail bond agencies keep the fee that is paid to them and attorneys will likely make the bail part of their legal expenses.
A secured personal bond is set for some defendants. In this situation, the accused pays his bond cost directly to the court. He/she does this in hopes that the money will be refunded at the end of the trial process. Many times, this money stays with the court as part of any fine that is incurred by the defendant.
If a monetary penalty is set, but does not have to be paid at the time of release, it is considered an unsecured personal bond. Whatever the amount that is set by the court will be required to be paid by the defendant only if they do not appear for their court date.
No matter which type of bail bond is required, it is wise to involve a criminal defense lawyer as soon as you are arrested. The attorney will not only help you secure bond necessary to leave police custody, but they can often get bail amount reduced. If you or someone you know is arrested and is in need of bail bond, make the first call to an attorney. You'll be glad you did.
