You might have heard in the news or read somewhere that someone accused of a crime has been bailed out. Now, if you aren’t familiar with the legal system, you might have been wondering what it means to be bailed out and how this entire system works.
Generally, bail is collateral to persuade the judge to set the accused person free until they await their trial. This is done with the understanding that the defendant will definitely return to the court. Subsequently, the bail bond is essentially a promise by the defendant to the court to forfeit the money if they do not return.
Each state has its own bail bond system; for instance, if you live in Las Vegas, you might want to opt for bail bonds las vegas nv, if needed. Bail bonds are exclusively designed to give someone who is awaiting trial to stay out of jail until their court date.
The various states provide different types of bail options; however, the basics remain the same in all states. Suppose you have been charged with a crime. In this case, you might want to know about the bail system of your state to get yourself out of jail until the date you have to appear in court.
If you need to get your loved one out of jail, then you should know how the bail system works in your state.
Who Can Be the Surety?
A surety can be a friend or a professional agent, such as the bail orange park fl, who can help with setting you free for a limited time. Essentially, the bail is to ensure that the defendant will show up to the trial without having to keep them in custody.
Regarding the bail amount, it needs to be significantly high enough to ensure that the defendant cannot simply disappear without serious consequences. Many courts have pre-set bail amounts; however, judges can deviate from the amounts for their own reasons.
After the judge has set a bail amount during the court hearing, the defendant can post bail during normal business hours or in jail after business hours. The jail clerk will proceed to issue a receipt and record the posting of the bail.
What Happens if the Defendant Doesn’t Return?
If the defendant fails to return to the court, a forfeiting hearing is scheduled, which is followed by an arrest warrant. The defendant will have the opportunity to present a plausible answer for why they missed their court date caused by a misunderstanding or unavoidable delay.
If the defendant fails to appear in court or the excuse of not appearing is unconvincing, the court will proceed to keep the bail amount. Bail agents, also known as bail bondsmen, act as a surety and post bail on behalf of the defendant.
The bail agent can make profits by charging interest, which is usually 10% of the total bail amount. If the defendant fails to appear in court, the bondsman forfeits the bail amount. The bond agent is also authorized to arrest the defendant and bring them to court.