One question many people have when they get a call that their loved one has been arrested is whether they should post the bail amount themselves or call a bail bonds agent. It’s an important question that has many more implications than most folks realize. To bring some clarity to the issue we’re going to look at the subject of bail, the factors that go into determining the amount of bail the court demands, and the factors that weigh on the dec...
Let’s say you’ve been arrested for a fairly serious crime that, of course, you did not commit. You’re taken to jail and charged and then after some time you’re given an opportunity to contact a lawyer. You ask the lawyer to contact your mother and ask her to arrange bail for you through a bondsman. Being your mother, she obliges. But it’s no easy thing for her to do. She’s not rich and your father has been having some health problems that have d...
Anytime you bail out a friend or loved one you’re taking a chance. If the accused heads for the hills after being released and is never heard from again you are going to lose and lose big. If you paid cash instead of using a bondsman that cash will be forfeited. If you posted a property bond the court may foreclose on your house and sell it to get the bail amount, and if you enlisted the help of a bail bonds agent they are going to come knockin...
The bondsman is often confused with the bounty hunter but while they sometimes find themselves working together they are in fact two distinctly different professions. The bail bonds agent helps those who have been incarcerated and charged with a crime earn their freedom while they are awaiting trial. While the bounty hunter is employed by the bail agent in the event that one of his clients decides to disappear while out on bail.
The concept of bail bonds goes back nearly a thousand years in English common law and migrated to the United States during the colonial period. It was such a key feature of American justice at the time of the nation’s founding that it got its own mention in the Bill of Rights where the 8th Amendment states flatly that “Excessive bail shall not be required”. (The founders wanted to prevent the practice of h...
Once a person has been arrested and charged with a crime the wheels of the justice system are set in motion and a number of things will occur. Review the stages of the bail bonding process in the following guide.
Once arrested and charged the accused are given the opportunity to return home to await their trial rather than sit in jail for days, weeks or months. The accused may be released on their own recognizance or, more likely, they will be required to make bail or post a bond in order to obtain their release. The bail system exists to help insure that, once released, the accused has sufficient motivation to appear in court to face the charges against...
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