Why You Need Bail Bonds in Legal Proceedings
If you are accused of a crime and you cannot afford to pay bail you will remain in jail until the case is resolved. This practice, known as wealth-based detention is not only unjust but also expensive for the taxpayer.
The court sets bail, a sum of money after arrest and prior to the defendant’s court date. The amount of money set is based on the severity of the offense and the nature of the crimes charged. The court is supposed to examine whether the bail amount poses “undue hardship” on the defendant and their loved ones. However, this is often ignored.
Many people who are arrested for minor criminal offenses or even misdemeanors cannot afford to pay their bail. This often causes them to stay in jail for months or even longer. In order to avoid spending a lot of time in jail many defendants turn to bail bond companies for help. In legal proceedings, bail bonds temecula are essential to secure release from custody while awaiting trial, ensuring fairness and freedom.
Bail bonds are an agreement between a company that acts as a third party and the defendant in which the defendant pays a fee (usually 10% or less of the total bail amount) to the company and the agency promises to ensure that the defendant appears at every scheduled court appearance.
If the defendant does not appear at any court appearances the bail company is responsible for paying the entire bail amount to the court and hiring a bounty hunter to track down the defendant and bring them back to jail.
Defendants who are unable to pay their bail are usually required to sign collateral with the bail bond company. Collateral is normally personal property or real estate with a value that is at least twice the bail amount. If the defendant fails to appear at any court hearings the bail bond company must return the property to the court or sell it to recover the lost money.
The defendant must check in with the bail bondsman periodically to make sure that they are attending all of their scheduled court dates. Missing a single court date can cause the defendant to lose their property and result in the judge denying them the ability to get a future bail bond.
Some courts may require a defendant to attend a special program or electronic monitoring in order to prevent them from fleeing the area in order to avoid being caught again. If the defendant is a flight risk the judge will deny them the ability to post bail and they will remain in jail until the end of their trial or they decide to take a plea deal.
The process of getting bailed out of jail is complicated and requires a great deal of trust between the accused person, their friends and family and the bail bondsman. It is important to choose a company that has a reputation for honesty and integrity. It is also a good idea to have the accused person’s lawyer review the bail bond contract before it is signed.
