A cashier, clerk, or other official at the location is responsible for receiving bail payments. From interest from the bail bond they provide. It is very similar to a bank. Bonds are issued by bail bond companies that have been contracted either by or on behalf of the defendant. Bail can – but does not always – involve the defendant (or someone on the defendant’s behalf) paying money to a court. You can use a bondsman. OR and PR bonds are similar to a citation and release, only they take place after a court holds a bail hearing. If I am acquitted of all charges, can I sue the police for the amount of bail bond that I had to pay for false imprisonment? "Very thorough. MoneyCrashers.com does not include all banks, credit card companies or all available credit card offers, although best efforts are made to include a comprehensive list of offers regardless of compensation. To understand how bail bonds work, understand that bail is money or property given to a court in exchange for the release of a defendant from jail before their trial date. The content on MoneyCrashers.com is for informational and educational purposes only and should not be construed as professional financial advice. - Costs of Hiring Different Types of Lawyers, How to Split the Bill When Eating Out with Friends, 10 Legal Myths About Criminal Law - When You Get Arrested, 17 Best Rewards Credit Card Sign-Up Bonus Offers, Deals & Promotions – January 2021, 7 Best TV Shows to Watch to Learn About Money, Finance & Business, How to Invest in Gold: Investment Types, Tactics & Tips. In such jurisdictions, the bail payer must file a document (called a “petition”) with the court, asking it to release the money paid; or, in the case of a property or secured bond, to release the lien placed on the property used as collateral. Big Fish provides … (The clerk or official often has access to this information, and can find out how much bail must be paid.) If the test is multiple choice, increase your chances at a correct answer by eliminating the clearly wrong answers first. The Bail bondsman will then secure the rest of the bail … ” Sometimes the police will release arrestees without filing charges, but if charges are filed, the arrestee will have to remain in custody until released on bail, until a court renders a judgment, or until the case is otherwise resolved. If a defendant fails to appeal in court and forfeits bail, there is still a chance the court will reinstate bail (allowing the defendant to remain out of custody until the case concludes) and return the bail that has already been paid. Like all parts of the criminal justice system, bail can be much more complicated than many people imagine it to be. This article has been viewed 147,762 times. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. How do jail bonds work? wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. If the defendant cannot pay the bail amount on their own, they can seek help from a Bail bondsman in the form of a Bail Bond. The amount is determined by a number of factors, such as the severity of the crime and the court’s … Similarly, the bond agent might require the defendant, or someone else, to sign a security interest in a car, home, or other piece of property that the bond agent can repossess if the defendant fails to appear. The payer must provide the clerk with specific information, such as the defendant’s name, the case or booking number, and the bail amount to be paid. A bail bond works as a surety bond, which means that the bondsman is essentially vouching for … Courts typically grant bond agents a grace period after a defendant violates bail terms. Bail is the temporary release of an accused person awaiting trial on condition that a sum of cash money be lodged to guarantee their appearance in … Because bail is not a form of punishment or a criminal sentence, someone who pays bail is entitled to have that money returned if the defendant complies with all bail terms and conditions. While some types of bail are not available in all states or situations, and some are more or less often employed than others, defendants can expect to encounter one of more of the following types of bail. You could have just put up all the cash yourself, and when you were acquitted received all of your money back. Can they call in the note in full? If the court allows this type of bail, the defendant will be released from custody on the condition that he or she reappear in court at a later time and comply with any other bail conditions the court imposes. Bounty hunters, like bail bond agents, are not government employees or law enforcement officers. Bail payments must typically be made in cash or with some other form of accepted payment, such as credit or debit card, certified or cashier’s check, traveler’s checks, or money order. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. You're never required to pay bail for someone, so if you don't want to pay bail, you can just refuse to do so. The money ensures that the defendant returns to court for the remainder of the criminal justice process. If you work with a professional jail bond company, the fee you pay is non-refundable. For more tips from our Legal co-author, like how to post bond, scroll down! googletag.pubads().setTargeting('subcat', []).setTargeting('category', ['savings']); What Is a Bail Bond, and How Does It Work?Global Citizen recently made the discovery that currently over 350,000 innocent people are in jail. For example, the State of California requires a bail hearing in all cases involving specific crimes, such as spousal battery, spousal rape, and making terrorist threats. Bail bond agents make money by collecting a fee from those who want to be bailed out. What should I do next? Like other bail issues, state laws govern post-conviction or post-sentencing bail, and not all states allow for it. A person's first thought upon landing in jail is often how to get out—and fast. If a criminal defendant is released from custody on bail, the bail will be repaid to the payer upon the conclusion of the case. I took all of the classes and I just have the test left. – 12 Tips... How the Criminal Justice System Works - Courts & Procedures, How a Criminal Record Affects Your Finances & Your Life, Drunk Driving Consequences - Criminal Penalties & Costs of Driving Under the Influence, How Much Are Legal Fees? A defendant can put up cash, which is not practical when the amount is large, or can go to a bondsman and obtain a bond. In many situations, the police will not release an arrestee with a simple citation, but will release the arrestee after booking if that person pays a cash bond. States laws will determine not only what bail amounts are appropriate for each crime and whether police can release a defendant without requiring bail, but also whether defendants are allowed to post bail following booking or if they must wait for a bail hearing. Should the defendant comply with bond conditions, the bond agent will return the collateral or release the lien created by the security agreement upon the conclusion of the case. The defendant makes a call to a friend or loved one to get bonded out of that jail. The words “bail” and “bond” are often used almost interchangeably when discussing jail release, and while they are closely related to each other, they are not the same thing. This article was co-authored by Clinton M. Sandvick, JD, PhD. The payer must then submit the appropriate bail amount to the clerk. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Covered all the main subjects and procedures for bailing one out of jail. A secured bond, or “property bond,” is a type of bail in which the defendant gives the court a security interest in property equal to the worth of the total bail amount. However, if you pay cash for the total bail then you may be refunded after your … The arrest warrant allows the bail bondsman to send law enforcement (police, sheriffs, etc.) Bail is a financial arrangement that a bail bonding agency will make on behalf of the criminal defendant. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Have you ever had to pay bail or bail someone out of jail?window.googletag = window.googletag || {cmd: []}; The amount of $50,000 would have to be posted to get someone out of jail. The other 90% goes to the court. Should you need such advice, consult a licensed financial or tax advisor. A bail bond is a form of bail payment provided on a defendant’s behalf by a bail bond agent. In general, any time someone is arrested there will be three possible outcomes: the arrestee is released, the arrestee is charged and released on bail, or the arrestee is charged and remains in custody until the case comes to an end. as well as, in some cases, themselves or a bounty hunter to hunt the accused down, arrest them, and deliver them to jail where they will be held until the forfeiture hearing. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. If the bond is a $50,000 cash bond, collateral cannot be used. Doctor of Law, University of Wisconsin-Madison. A bail bondsman will front the money on behalf of the defendant, in order to get them out of jail. Bail bondsmen are rarely used in federal court, and for low income defendants, there is usually no cash component to your federal bail. The cash bond amount is determined by the state or local bail schedule, or by a court after a bail hearing. The bail bond process, from the initial call or meeting with the bail bondsman to your release from jail, generally takes about five hours. For example, if a judge sentences someone to five years in prison, bailiffs will take the defendant into custody and transfer him or her to a detention center to begin serving the sentence. For example, if a court sentences a defendant to five years in prison but the defendant files an appeal of the conviction, the sentencing court may grant that defendant bail and allow that defendant to remain out of custody until the appeal has been heard by an appellate court. The following are typical conditions of bail: In some situations, bail is possible even after a person has been convicted of (or sentenced for) a crime. Bail is the money a defendant must pay in order to get out of jail. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. You and the lender agree that should you fail to repay the loan in accordance with the terms to which you both agreed, the lender can repossess the car (the collateral) and sell it to recover the money you still owe. So, if a court sets a defendant’s bail at $10,000, that defendant (or someone acting on the defendant’s behalf) can pay a bail bond agent $1,000 and the bond agent will act as a surety on the defendant’s behalf. If you want to learn more about money, the easiest way is to pick up a book on the subject. Bail is not intended as a punishment in itself. When a bond is paid to the court, say it's a $20,000 bond, and bondsman gets 10%, who gets the rest of the money? If the agent can return the defendant to court within that grace period, the court usually will not require the agent to pay the full bail amount. Third, the police can keep the defendant in custody until a court holds a bail hearing. A cash bond is the full amount of the bond required, paid in cash, to release a defendant from jail. }); See why 218,388 people subscribe to our newsletter. Judges have a number of choices for determining what happens next. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. This article was co-authored by Clinton M. Sandvick, JD, PhD. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Private bail bonds can leave a family holding the bag for premiums, fees and fines … For example, when you buy a car using a car loan, your lender gives you money to buy the car. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. References. An unsecured bond, also known as a signature bond, applies after a court holds a bond hearing and imposes a bail amount, but does not require the defendant to pay that amount to be released. This form of bond is similar both to an OR bond and a release and citation. Booking is the administrative process that follows an arrest. If the defendant does not have the money, someone else can pay the bail on behalf of the defendant. When the court determines bail amounts or whether to deny bail, it weighs a variety factors: In addition to determining a bail amount that a defendant must pay to be released, courts typically impose additional limitations or requirements on defendants when making a bail determination. Bail is the cash payment paid by the defendant himself or by someone on his behalf. Like all matters concerning criminal law, knowing what your options are and making sure you are adequately protected often requires that you speak to a lawyer before you make any decisions. Bail is a term that describes the release of a criminal defendant or arrestee after an arrest prior to the end of the criminal case. When Is the Best Time of Year to Buy Large Appliances? This process includes notating the full arrest record in the jail … Violating bail conditions can result in police taking the defendant back into custody until trial, as well as the forfeiture of any bail paid. You can post cash for the full amount of the bond with the court or jail. googletag.defineSlot('/1035677/MoneyCrashers_', [[300, 139], [300, 360], [630, 139], [630, 475], [630, 250], [1, 1], [300, 250], [300, 475], [630, 360]], 'div-gpt-ad-1590780665633-0').addService(googletag.pubads()); Bail can be posted by the defendant themselves, or it can be posted by someone else, like a friend or family member. In return for that money, you give the lender a security interest in the vehicle. People under arrest are typically taken by police into custody, placed into a police vehicle, and then transferred to a jail or criminal processing facility for an administrative process often referred to as “booking. Should a defendant who used a bond agent’s services fail to appear in court or otherwise violate bail terms, the agent can usually try to find the defendant, take that person into custody, and physically take the defendant back to police custody. (They also require that the defendant sign a contract stating the terms of the agreement.) Bail can play an important role in the criminal justice process, as it serves to both limit the amount of jail space needed, and ensure that people who are free while their cases are ongoing will return to court. Note that state laws on both bail agents and bounty hunters can differ significantly, and not all states allow for bail bond agents or bounty hunters. Usually nothing. After the police have arrested and booked someone, one of three things will typically happen: First, the police can release the defendant with a written notice to appear at court. By using our site, you agree to our. A bail bond is a document that the person in jail signs saying that they will appear in court when called. How bail works. Bail can – but does not always – involve the defendant (or someone on the defendant’s behalf) paying money to a court. A bond is the bondsman’s pledge to make good on the bail if the defendant doesn’t appear before the court. You paid the bail-bond person 10 percent of the total bail amount; that is their fee to keep no matter what the outcome of your case. Posting bail for profit is prohibited in Oregon, Nebraska, Wisconsin, Illinois, Kentucky, and Maine, which makes it illegal for professional bail agents to operate. Different states provide different types of bail options, but the main principles are the same in every system. Cash bonds requiring that the entire bail amount be posted up front are more stringent than percentage bonds, which only require a percentage of the bail amount. Thanks to all authors for creating a page that has been read 147,762 times. As long as the payer has enough money to cover the full bond amount, the defendant is released from police custody. Accepted payment amounts differ from jurisdiction to jurisdiction. ", http://legal-dictionary.thefreedictionary.com/Bail+bond, http://legal-dictionary.thefreedictionary.com/Bail+schedule, https://www.law.cornell.edu/uscode/text/18/3142, http://www.nolo.com/legal-encyclopedia/bail-getting-out-of-jail-30225.html, http://www.bailbondinformationcenter.com/How-Do-Bail-Bonds-Work.php, http://criminal.lawyers.com/criminal-law-basics/posting-bail-what-are-your-options.html, http://www.lccpa.org/forms/criminal/bail/BailGuidelines-publicweb.pdf, https://www.ilw.com/forms/i-352fillable.pdf, https://www.paed.uscourts.gov/documents/handbook/forms/app_w.pdf, http://criminal.findlaw.com/criminal-procedure/own-recognizance-release.html, http://www.pretrial.org/solutions/citation/, http://www.legalmatch.com/law-library/article/failure-to-appear-in-court.html, http://federaldefendersny.org/information-for-client-and-families/bond-and-pretrial-detention-faqs.html, consider supporting our work with a contribution to wikiHow. Bail bonds are written agreements between the courts and given individuals detailing bail amounts and terms. Can a property held in joint ownership be used to satisfy a bail bond with only one party? The lien release, like the release of the bail payment, typically takes several weeks or more to conclude. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws.

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