When someone is arrested, they might have to make bail in order to be allowed to leave the jail until their court date. The purpose of bail is to guarantee that the defendant appears in court for future hearings. Failure to show up could result in the cancellation of the bail funds and the issue of an arrest warrant.
The bail system allows a person accused of a crime to be temporarily released from custody while waiting on trial. It also helps individuals to be released from custody so that they can continue their daily lives.
Understanding the bail system is very important for anyone facing a criminal charge. Bail allows individuals accused of crimes to secure their release from jail while awaiting trial. But how long can you be held in jail without being convicted? The answer varies by jurisdiction and specific circumstances and depending on the complexity of the case. This article gives you a clear idea about everything you need to know about how the bail system works.
How Does the Bail System Work?
- After the arrest, the person is taken to the jail for booking. This includes recording personal information, mugshots, listing the charges, etc.
- A judge fixes the bail amount based on the seriousness of the charges.
- The defendant has to pay the bail amount to the courts. A bail bondsman pays on behalf of a defendant if they are not able to pay the full amount.
- The defendant is released from the jail after the bail is approved.
- The defendant must show up for all the court hearings. The bail money will be returned if they attend all the hearings.
- If the defendant fails to appear, the court keeps the bail money and may issue an arrest warrant.
Types of Bail Options
There are several forms of bail depending on the defendants’ financial situations and flight risk:
Cash Bail
Cash bail is a cash deposit required by a court to secure the temporary release of someone who has been arrested and charged with a crime. This acts as a guarantee that the defendant will appear at future court proceedings. The full amount will be returned if the defendant attends all the hearings. If the defendant fails to attend the hearing, the court penalizes the defendant or even may order an arrest.
Bail Bond
A bail bond can be defined as the agreement by a criminal defendant to appear for trial or pay a sum of money set by the court. A bail bond company can help a defendant who cannot pay the full bail amount. The company pays the bail money for them, and the person pays about 10% of the bail to the company. The bail bond helps the person get out of jail while waiting for their court dates.
Surety Bond
A surety bond is a three-party bond agreement involving the principal (the one who needs the bond), the obligee (the one who requires it), and the surety (the one who guarantees the principal’s performance).
Personal Recognizance Bond
It is a type of bond where a person accused of a crime is released from jail without paying any money upfront. Instead of that, the person makes a promise that they will appear at all the future court hearings. The judge decides if they deserve to get the bond.
Property Bond
A property bond is a type of bond where a defendant or their family uses a house or land as collateral. The court takes the right to take ownership and sell the property if the defendant fails to appear in court.
Key Takeaways
- The main purpose of bail is to guarantee that the defendant appears in court for future hearings.
- Bail helps an individual to be released from custody and helps them continue their daily lives.
- The judge fixes the bail amount for the defendant.
- The bail amount will be returned if the defendant appears at every hearing.
- If the defendant fails to appear in the court, the court will take the bail amount.
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