A bail bond is designed and framed by the Criminal or Traffic Department. Once the bail is posted, the prisoner is released from jail richmond VA as the responsibility of the indemnitor. After the trial, the bail money is returned to the depositor, unless the Judge handling the case decides differently. Thus, a bail bond agreement makes things a lot easier and simpler for a defendant. With more and more individuals, who are awaiting trial, opting for such agreements, various sorts of bail bonds have also been opened to them.
Kinds of Bail Bonds
The concept of bail bonds spans a rather vast area. With bail bond agreements gaining popularity and reliability with every passing day, it is relevant for defendants awaiting trial and their near ones to learn and understand the various branches of bail bonds. Cash bail refers to the amount of bail that is paid for the release of the defendant from imprisonment. The defendant is required to pay till the completion of the trial. This kind of bail is only granted for non-punishable offences. Next, the surety bail is paid by the indemnitor to ensure that the defendant will clear his debt to the respective investor or bank. If the defendant fails to pay, the guarantor will have to pay the principal debt with interest. Recognizable bail does not always require bail money. It simply refers to the promise made by a defendant to ensure his presence at every trial proceeding. When a signature bond is imposed on the defendant, it secures his future presence in court in lieu of money.
Benefits of Availing a Bail Bond
Bail bonding, as a practice, has many practical uses in today’s world. These extend not only to the protection of the interests of the imprisoned defendant but also to the legal authorities for ensuring a just and fair trial. A bail bond arrangement is a relatively surer way to guarantee that the defendant, on being released, still stands by his given word and shows up at all his trial sessions as there is a lump sum amount of money at stake. The defendant is released from trial, allowing him a fair shot at resuming his routine day-to-day life until the court passes a final verdict on the case. It also prevents the defendant as well as the indemnitor, to a certain extent, to refrain from taking part in any illegal activity or conducting themselves in a manner that goes against the predefined “terms of release”.
When a defendant contacts a bail bondsman, the bondsman aids him through the process of obtaining bail. He gets his regular life back for a small concession, to be paid as a bail bond premium. However, what the individual must know that he or she cannot obtain freedom without any boundaries. Certain “terms of release”, as set by the court and the bail company, also come into play. In case the defendant defies any of theses conditions, the bail is revoked and he lands back in prison.
Owing the Bail Company Money is Not a Cause for Revocation
There are some specific situations by virtue of which bail can be withdrawn from favor of the defendant. Owing the bail bonds company money or lagging behind in complete payment of the premium des not fall under the category. The bail bonds company may, however, report the incident to the appropriate authorities for securing legal action in an attempt to get back their money. This falls under the purview of a separate legal procedure, but this is not sufficient clause for revoking bail and sending the defendant back to prison.
Disadvantages of Bail Withdrawal
In case the contract drawn up for the specific bail bond is violated by the defendant, the court or the bail company can withdraw the bond. In such a scenario, the company is not obliged to keep honoring the bail agreement settled on with the defendant. A new and individual contract has to be furnished once again by the defendant, possibly with a new bail bonds company, to get the required bail again. In other words, a new bail bond premium has to come into play. This can prove to be a rather expensive and no doubt, long drawn process. Being fully aware of the “terms of release” is thus extremely important to prevent avoidable mistakes from taking place. It is always a good idea to have an in-depth clarification with the bondsman prior to sealing the deal.
Difficulties in Acquiring a Fresh Bail
If the bail granted gets revoked by the bail bonds company, the defendant has to apply once again for a fresh bail. However, this is not as simple as it appears to be. Apart from the issue of the procedure being expensive, the court may be hesitant in providing a new bail to the defendant. This is because his previous violation of a bail may leave a mark on his conduct and credibility. This results in a very ugly situation for the defendant, as he is stuck paying the bail fees along with awaiting trial in prison. This defeats the very objective of securing the bail agreement in the first place. In case the court does grant a fresh bail, the price is set much higher.
A bail bonds is not a very popular topic for regular conversations. Hence, the awareness regarding the concept of bail bonds is also scarcely found among the majority of people. Most people are completely unaware about the very concept, let alone the required procedures and factors that accompany it. A bail bond is framed between 4 parties- the defendant, the indemnitor, the bail bonds company and the court. It is a legal contract between the law officers and the defendant, ensuring that the suspect in question is present at every one of his scheduled court hearings, once released on bail.
Requirements for Availing a Bail Bond
The defendant is at the very centre of a bail bond arrangement and hence, the agreement depends largely on him. An indemnitor can be of two sorts- a self-indemnitor refers to the defendant’s ability to sign as a guarantor for his own bail, if permitted by the court. This option is granted when the bail bond company feels that the defendant is responsible enough to abide by legal rules and is financially sound enough. A distinct indemnitor, usually a friend or family member, is a person who is willing to be held responsible for the defendant’s actions upon release.
The bail bond company also accepts a small fee, usually set at 10%, as a service fee, known as bail bond premium. A bail bondsman aids the defendant in obtaining the required bail.
The first step is to obtain the required financial resources for the bail. This includes both the sum required for the bail as well as for the bail bond premium. The next step is the long process of filling out all essential forms to provide the information needed by the bail bonds company. Usually, the bondsman needs to obtain a more vast body of information from the defendant in comparison with that obtained from the indemnitor, to strengthen the security of the bail money and reduce the flight risk factors of the defendant.
Collaterals are set as security against the bail bonds. These usually depend on factors such as credit, accountability, income and other social or legal issues as faced by the defendant or the indemnitor.