To ensure an accused individual does not flee, bail bonds are put in place. However, the system has been unjust, especially for poor people. Money has shown to be an incentive to ensure people get to court. Nevertheless, how can we justify it when bail standards are set without considering an individual’s ability to pay the money?
There are various problems with the bail system. The painful truth is that the system has not been designed to be fair or efficient for the accused. The system determines the amount of bail to be paid depending on the severity of the crime and the accused’s criminal record. What should be done to ensure justice is determining bail based on a person’s assets or income.
Most poor people look for the bail bond to get out of jail. The firms that provide these loans ensure the bail bond interest rate is low enough. Hence, a person does not have to worry about the high cost of bailing another one out.
Sometimes a person can have a bail pending appeal to give the court time to review the case. In this instance, the sentence passed can be suspended. Instead of the bail, there are other ways the court can ensure a person appears in court.
While the amount of bail required in a particular case is ultimately decided by the judge, it depends on a number of factors. This includes the severity of the crime, the likelihood of the defendant fleeing, and the likelihood of them committing more crimes. And once the judge determines what the bail will be, the decision of how to get jail bail money arises. If you need help paying bail to get out of jail or posting bail for someone else, you’ll need to consider bail bonds. Bail bonds are a loan for the amount of the bail set by the judge. You put up collateral and pay interest, but it covers the bail. In order to do this, you’ll need to know how to find a bail bondsman. Bail bondsmen work in many communities, so it is possible to look them up and find one that will work for you. You can shop around if you have time, but if you need jail bail money quickly, you’ll likely have to rely on the bondsmen closest to where you are.
What is Bail?
Bail is an amount of collateral that must be paid in order for a defendant to be released from jail prior to their court case. Defendants paying bail are agreeing to a set of conditions they must abide by and promising they will return for their appointed court date. The money may be returned to them at some point but if they violate the conditions it will forfeit.
Who decides how much bail a person must pay?
Once arrested and charged, a person may be released from jail if a judge allows the posting of bail. So who decides how much bail a person must pay? First, how is bail determined? Most importantly, how does getting bailed out of jail work? The amount of bail that must be paid is determined by three things:
- Severity of the alleged offense
- Likelihood of committing additional crimes
- Chances of fleeing
Judges will examine these and other factors to set bail at any amount that is not objectively unreasonable. However, if they feel the accused is too dangerous, a flight risk, or has other concerns, bail can be denied altogether. This is allowed by the eighth amendment right which prohibits states from giving excessive bail but does not require states to allow bail in the first place.
How can you pay bail?
Bail can be paid in various ways including cash bail bond, personal bond for bail, the use of collateral such as a vehicle, or through a bail bond service. Often, bail is set for very large amounts normal people may not have, in this case, many people turn to bail bondsman or bail bond companies. These companies charge a fee, about 10%-20% of the bail amount to post bail for a defendant, referred to as a bond. Often times companies will monitor anyone they pay for in order to ensure they don’t lose that money and may even have them sign bail bond terms and conditions. If the defendant violates the agreement or fails to show up for court, bail is forfeit and they may be pursued by a bail recovery agent, bail bond agent, or bounty hunter. If you’ve been wondering how does getting bailed out of jail work, realize that you may be technically free after paying bail, but you must abide by some restrictions. Failure to meet those restrictions could place you in worse trouble than you were in to being with.
It’s ultimately up to a judge to decide how much bail a person has to pay. How do they do this? They use three factors to decide: the severity of the alleged offense, the person’s likelihood to commit another crime, and whether or not the person is a flight risk. There are many ways to pay for bail, if it is granted during a bail custody hearing. The most common is with a bail bond. A bail bond is a refundable deposit that allows the person arrested to get out of jail until their court date. If the defendant is arrested while out on bail, sometimes referred to as bail and jail, it is almost a sure thing they won’t get out on bail for a second time. However, if the defendant doesn’t flee, get arrested again, and shows up for their court date, the bail bond is refunded. However, the bail bond interest rate paid to the bondsman is still the defendant’s immediate responsibility, which is typically 10 percent of the entire bail amount.
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