Wednesday, November 9, 2011

Bail Bond Types You Should Understand

By Peggy Finley


Being arrested and jailed throws you into a world that is unknown to most citizens. Few people know and understand fully the bail bonds process and how the legal system works. It is crucial to get knowledgeable help when arrest occurs in your life. A wise move is to hire a criminal defense lawyer who can not only help you be freed from jail, but can help you all along the way in your defense and trial process.

To start, in some cases a defendant might be released "on his own recognizance." This means that he/she agrees to all of the terms of their release, including appearing at an assigned court date and is free to go without any collateral being provided.
Because bail bond laws do exist, this defendant is subject to being rearrested and held in custody without the possibility of bail and can be charged with contempt of court.

There are several types of bail bonds that can be set by a judge under federal and state bail bond laws. One of these is a cash bond. Cash bonds occur when the accused is given a bail amount that must be paid in cash and cannot be covered by property or other assets. This type of bail acts as strong motivation for the defendant to show up in court because he/she will lose the funds paid if they do not appear before the judge.

Many times a judge will issue a property bond which forces the defendant to give over title to their own property. In this case, the actual title must be given to the court and will be returned once the individual complies with the terms of the bail agreement. Should they not appear in court, a lien is placed on the property and it will be forfeited by the accused.

Another type of bond used to get someone freed from jail is a surety bond. In this case, a bail bonds person will post the bail in exchange for a fee based on a percentage of the bail amount. The bail bond agent or attorney who pays the bail is responsible for the guarantee that the defendant will show up for their court date. Bail bond agencies keep the fee that is paid to them and attorneys will likely make the bail part of their legal expenses.

When a secured personal bond is set, the defendant must pay his cost directly to the court. This person pays the fine with the knowledge that the money will be refunded at the end of the trial process. If a fee is assigned by the court during the trial, this money often goes towards that fee rather than being returned.

In an unsecured personal bond is given, a bond amount is set, but does not have to be paid at the time the individual is freed from police custody. The amount assigned to the defendant will only have to be paid should the defendant not appear at their assigned date and time.

Whatever type of bail is set and whatever type of bond is necessary, it is important to retain a criminal defense attorney as soon as possible. This professional will not only be able to help you in securing the type of bond necessary, but they can possibly get bail amount reduced or even dropped altogether. If you are facing arrest and booking into jail, make your first call to an attorney.




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