If you or someone you know has been arrested, you may have heard the terms “bail” and “bond” used interchangeably. They are not the same thing, and comprehension of the difference can help you make informed decisions about how to proceed.
Bail refers to the amount of money a defendant must pay to be released from jail while waiting for trial. The purpose of bail is to ensure that the defendant emerges in court for all needed procedures. If the defendant fails to appear in court, the bail money is forfeited, and a warrant may be issued for arrest.
On the other hand, a bond is a floater policy that guarantees the total amount of bail will be paid if the defendant fails to emerge in court. A bail bondsman, or bail bond company, usually requires a non-refundable fee equal to 10% of the bail amount to secure a bond for the defendant. The bail bond company assumes responsibility for ensuring that the defendant appears in court and may use various methods to track down the defendant if they fail to appear.
The amount of bail or bond essential in a particular case sags on various factors, including the severity of the crime, the defendant’s criminal history, and their ties to the community. In some cases, bail or bond may be denied altogether if the court determines that the defendant poses a flight risk or a danger to the community.
If you cannot pay the full amount of bail yourself or through a bail bond company, you can work with a bail agent to set up a payment plan or use lateral, such as a car or property, to secure the bond. However, it is essential to understand that failure to comply with the terms of a bail bond agreement can result in the forfeiture of the total bail amount and may also result in additional legal consequences.
It is crucial to highlight that the bail system has sparked significant debate in recent years due to concerns that it disproportionately affects economically disadvantaged defendants who are unable to afford bail or bond. To address this, certain jurisdictions have implemented reforms, including the adoption of risk assessment tools to evaluate the likelihood of flight or community risk. Additionally, alternatives like pretrial supervision or electronic monitoring are employed instead of cash bail.
While bail and bond are often used interchangeably, they are different. Bail refers to the amount of money needed for a defendant to be extended from jail, while the bond is a type of floater policy that guarantees the full amount of bail will be paid if the defendant fails to appear in court. If you or someone you know has been arrested, it is elemental to understand your options and seek the advice of a qualified legal professional.
How to Find a Reliable Bail and Bond Company?
Finding a reliable bail and bond company can be tensioning, especially during a stressful and emotional time when you or a loved one has been arrested. Here are some steps you can take to find a reputable bail and bond company in Rockingham Country:
- Do your research: Start by researching bail and bond companies in your area. You can use search engines or online directories to find companies. Controle their website, reviews, and ratings. Look for companies that have been in business for a long time and have a good reputation.
- Check for licensing and accreditation: Bail bond companies are required to be licensed by the state in their function. Make sure to control if the company is licensed and accredited by the Better Business Bureau (BBB). You can also crosscheck the license with the state’s Department of Insurance or Department of Licensing.
- Read the contract carefully: Before signing any agreement with a bail and bond company, read it carefully and comprehend the terms and conditions. Ask any questions you may have and make sure you are comfortable with the terms before signing.
- Check their availability: A reliable bail and bond company should be available 24/7. Be sure to ask if the company is disposable to answer calls and provide assistance at any time of the day or night.
Finding a reliable bail and bond company requires some research and due diligence. Verify their licensing and accreditation, check their fees, read the contract carefully, and trust your instincts. A reliable bail and bond company can provide the necessary support and assistance during a difficult time, so choosing one you can trust is essential.
Factors that Determine the Amount of Bail Required
The amount of bail needed for a defendant depends on several factors, comprehending the severity of the crime, the defendant’s criminal history, and the likelihood of the defendant fleeing or not appearing for their court appearances. Here are some of the factors that determine the amount of bail required:
- The coarseness of the crime: The more grinding the crime, the higher the bail amount. For example, a defendant accused of a violent crime such as murder or rape may be needed to pay a higher bail than someone charged with a non-violent crime such as petty theft.
- Criminal history: A defendant with a history of criminal pursuit or earlier convictions may be needed to pay an elevated bail quantity. This is because they may be presumed a high flight risk or a danger to the zone.
- Likelihood of fleeing or not appearing for court appearances: If the judge believes the defendant is likely to fade or not show up for their court appearances, they may require a higher bail quantity. Factors that may boost the likelihood of the defendant fleeing include having no ties to the community, having access to large sums of money, and having a history of running from law enforcement.
The amount of bail required for a defendant is determined by several factors. The coarseness of the crime, the defendant’s criminal history, and the likelihood of the defendant fading or not showing up for their court appearances may influence the bail amount. It’s essential to seek the advice of an experienced attorney if you or a loved one has been arrested and require bail.
