FAQs On Bail And What To Expect
Bail money is the amount of money that's paid to the court as a guarantee that secures the release of a person in custody who is awaiting trial. The bail money is an assurance that the defendant will show up in court for their hearings and fulfill their other legal obligations. If you have questions regarding bail money, then this article can help you find the answers to some of those questions.
How is the amount of bail determined?
Bail amounts differ from one defendant to the next. This is due to the fact that the bail amount is set by the court after considering several factors. Some of these include the severity of the alleged crime, community ties, criminal history, flight risk, and the judge's discretion. When you consider all these factors, you'll understand why two defendants charged with the same crime can be given two different bail amounts. The aim is to set the bail amount so high that it works as a significant incentive for the defendant to return for their future court dates.
How can the bail money be paid?
There are different ways in which a defendant can pay bail money in order to get released from custody.
Cash
One way the defendant can pay the bail amount the court sets for them is by way of cash. They can pay the full bail amount in cash to the courthouse or jail.
Bail Bonds
Many defendants can't come up with the full amount of the bail, so instead they turn to a bail bondsperson for assistance. A bail bonds company can cover the amount of the bail the defendant can't come up with while charging a fair, non-refundable fee, which is generally a percentage of the bail amount. A defendant can give the bail bonds company collateral, which can include things like property titles, vehicles, watercraft, jewelry, firearms, or anything else that covers the bail amount. In some cases, a bail bond company may work out a payment plan with the defendant.
Property Bonds
In some cases, the court accepts property or assets as collateral instead of cash. This isn't as common, and the property value must exceed the amount of the bail, so there's no doubt as to its ability to fully cover the amount of the bail. Property bonds are subject to evaluation, and they need to be approved by the court ahead of time.
When does the defendant get the bail money back?
Once the defendant has shown up for all their court dates and fulfilled any other legal obligations, they can expect the bail money to be returned at the conclusion of the case. Fees, fines, and other deductions will be taken from the amount before it's released to the defendant.
Contact a local bail service, such as Caprock Bail Bonds, to learn more.
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