When a bail bond is paid entirely by the defendant or their co-signer, then they’ll get the entire amount back when the defendant shows up in court. However, these can often be large amounts, which is why people will often choose to use a bail bond company.
Did you know that the English Bill of Rights, passed in 1689, was actually a precursor for the Eighth Amendment to the U.S. Constitution? The English Bill of Rights eliminated unnecessarily excessive amounts of bail.
Did you know that some states do not offer the option for private bail? These include Massachusetts, Maine, Oregon, Illinois, Kentucky, Nebraska, Wisconsin, Philadelphia, and Washington D.C.
Capital punishment has its detractors, and one of the big arguments against the practice of executing violent capital offenders is that innocent people may be unintentionally put to death. By some accounts, as many as 20 percent of death row inmates are innocent.
In the same year that the United States Bill of Rights was introduced (1789), Congress passed the Judiciary Act of 1789. This piece of legislation outlined bail law, specifying which types of crimes were bailable and setting bounds on a judge’s discretion in setting bail.
In many cases, trials can begin weeks or even months after an initial arrest. This is why the bail system is so important, as otherwise, many people (even if they were innocent) would have to wait in jail until their trial began.
In 1677, the British Habeas Corpus Act stated that a magistrate could discharge prisoners of their own recognizance so long as “sureties” were provided. The surety sum (bail bond) was to be at the magistrate's discretion and could be implemented so long as the prisoner was not accused of a non-bailable offense.
When you think of bail bonds, you probably think they benefit the defendants (and they do), but they go a lot farther than that. Getting a defendant released on a bail bond means they aren’t crammed into overcrowded jails and taking up valuable public funding.
One thing to understand about bail and bail bonds is that whether the bail is kept by the court or not is not predicated on whether the person is guilty or innocent. Any cash bonds and/or property liens will be returned (minus the bond company’s fee) if the person complies with all court requirements and shows up on all court dates.
The paperwork that must be completed for bail bonds takes just about 30 minutes. Once the jail receives the paperwork, the release time is typically about an hour for area police stations. County jails and larger facilities may take longer to process releases.
Bail bonds typically involve three parties: the principal, obligee, and surety, whereas traditional loans generally involve two parties: the lender and borrower.
Bail bonds play an important role in the American judicial system. They help ensure that those who’ve been accused of a crime but not yet tried or convicted are free to work and able to continue with their lives.
In the event of a performance-based bond, the conditions for release are clearly delineated. In all cases, the co-signer guarantees the defendant’s appearance in court and will suffer penalties if the person charged fails to appear in court when summoned.
When someone is arrested, the arrest is followed by transfer to a local detention facility for booking, and the individual is then taken to jail. Once bond has been established, the individual is required to sign an order that he or she will not flee. Collateral is placed in either cash or property.
Besides not being in jail, bonding out is important for other reasons. It allows the defendant to return to work and resume a normal life while awaiting his or her court date. It also means he or she can find the legal help he or she needs.
A bail bond agent or bondsman is a person or corporation that acts as a surety and pledges money or property as bail. In return, a criminal defendant must appear in court for his or her scheduled hearings.
Did you know that Peter McDonough was the preeminent bondsman in San Francisco? In fact, he remains an icon in the history of the bail bond industry today.
The Old Bailey courthouse in London served as the central criminal court for 240 years. In 1763, a three-story Italianate brick building was erected to replace the original medieval-period courthouse that had been destroyed in the Great Fire of 1666.
If you are an attorney practicing criminal law, it is a good idea to have a working relationship with a bonding agency. While, in most situations, you are contacted after someone gets out of jail, having a reliable resource for those times when you are called from behind bars is a great help to all.
Some bail bonding companies will require property to be pledged as collateral for the bond. This usually occurs in circumstances whereby the judge has set a high bail amount or the person arrested is considered a high risk for fleeing.
Withholding information or lying to your lawyer can have serious consequences in the prosecution and defense of the crime.
Are you hesitant to put up the necessary collateral to bail your loved one out of jail? Remember, as long as he or she shows up for his or her scheduled court appearance, you don’t have to worry about losing the collateral.
A bail bond basically acts as a promise that the defendant will appear at all court proceedings. In some cases, a co-signer may be required to secure the amount of bail with some type of collateral, such as real property, savings accounts, or letters of credit.
Your access to bail isn't just the judge and the court being nice to you. State laws and the Constitution specifically state that people who have been charged with crimes must have a reasonable access to bail (with a few specific restrictions).