General

Navigating the Bail Bonds System

Bail bonds are a critical component of the legal system, offering individuals freedom while they await their trial. Securing release through bail bonds allows people to maintain their professional and family responsibilities, avoiding job loss and emotional distress.

Often, bail amounts are set based on the severity of the alleged crime. Those who cannot pay the full amount may be released on their recognizance if they promise to appear for all court dates.

Know Your Rights

When someone you know and love is arrested, finding ways to keep them free in between their court appearances can be difficult. Thankfully, there is an option called bail bonds that can help you avoid having to pay for your loved one’s jail time out of your pocket.

A judge sets a percentage or amount of bail the accused must pay to be released from custody. Often, this amount is more than most people can afford, so they turn to a bonding company to help them. This Erie county bail bonds charge a fee—usually 10% or less of the total bail amount—to act as a third party and guarantee that the defendant will appear in court as scheduled.

If the defendant doesn’t appear in court as scheduled, the bail agency will have to pay the full amount of the bail to the courts and may hire a bounty hunter to track them down and bring them back to jail. This can cost the accused person any collateral they signed over to the bonding agency and leave them without any money or possessions.

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Know Your Options

A defendant has a variety of options when it comes to posting bail. Depending on the crime and their specific situation, they can pay the full amount of bail directly to the court (and get their cash back once their case is resolved), hire a bail bondsman who will guarantee the accused’s bail in exchange for a fee (typically 10%), or post a property bond*.

Property bonds involve putting up valuable collateral such as a car, house, or stocks to escape jail. They are only used when the accused is a known flight risk, and the judge is concerned about their ability to attend court hearings.

Generally, the more valuable your property is, the better it will be as collateral. However, some property, such as a business, cannot be put up as collateral. In those instances, it is a good idea to talk to a lawyer about alternative forms of collateral.

Prepare for Your Appearance

The first court appearance is critical when a defendant gets out of jail. The judge may grant bail on a personal bond where the accused must sign an agreement promising to appear in court and abide by other conditions or release them on their recognizance (release without a cash deposit) or require a bail amount that can be paid directly by the accused, or through a bail bondsman.

The latter option requires a person to post money for the defendant to guarantee that they will appear in court, but it can also involve putting up collateral such as property or bank accounts. If the defendant does not appear in court, the bail agency will pay the full bail amount to the courts and attempt to find them or their guarantor to return the money or collateral.

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It is a good idea to practice before the actual court appearance by going through hearings in your local courthouse or watching recordings of others’ proceedings. It is important to be calm and respectful in front of the judge, even if you are nervous.

Stay Positive

Whether it’s you or a loved one, chances are you didn’t wake up this morning wanting to be out on bail. However, if you’ve landed on the wrong side of the law, a trusted McKinney bond agent can help.

Bail is a reprieve from jail that allows an individual to wait for their court date while free on the condition they attend all of their hearings and trials. If they fail, the court can keep their bail money and issue a warrant for their arrest.

Even if you don’t like bail conditions, work with your criminal defense attorney to fight for less restrictive terms. Remember, if you violate your bail, the judge has broad authority to fine you and place more restrictive conditions on you. You’ll likely need to report in more often and may be required to wear an ankle monitor or undergo random drug testing while out on bail.