How Does Bail Work?
What is a bail? For those who do not have an idea on what a bail is, well it simply refers to the process wherein you can be set free from the prison cell while you are waiting for the commencement of the legal proceeding. In that case, the trial court determines a certain amount of bail in dollars so as to prohibit you from running away before the date of trial in the court. It is necessary that you have a clear understanding on how does bail work especially if you are charged of a criminal offense.
Generally speaking, there are three options to choose from with regards to bail. The first option is that you can bail yourself if you can afford to do so. It means that if you have sufficient money, you may simply opt for the bail bond. Usually, the bail is highly feasible in small cases since there is a lesser risk involved and there is a small tendency of fleeing or absconding. The bail for this situation is often low. Once you appear in the court, you will get your bail money back to you.
The second option is to let a bondsman process your bail bond. If you opt for this option, you must understand that this will often require you to pay the bail bondsman ten percent of your bail bond. And most of all, the bail bond will not be given back to you even you have appeared in court on the day of the trial since the money will go straight to the bondsman’s pocket. Why is that so? It is because the bondsman has offered the other portion of the bond on your stead. This can be a person you are familiar with such as a member of the family, or perhaps a corporation or an individual investor who would like to earn a profit from the bail. In return for setting up a bond for your release from the prison, the bondsman will charge a fee from you. This fee usually amounts about ten percent of the bail money. The trial court keeps this money. In the event that you appear in the court, the money will be given to the bondsman, instead of returning it to you.
The last option is not to avail of the right to bail. If you have chosen this option, you will stay imprisoned while waiting for the date of your trial. This may take about a number of days or months after the first trial. Normally, this option is really not a desirable choice.
However, if you do not appear in court and you left the country while you are on a temporary release because of the bond, the money will not be returned to you anymore even though you have appeared in court on the succeeding trials. When you go for the last choice, of course, you will always be in court on the right date, whether you like it or not. In case you have opted for the second option and you do not appear in court, you will definitely be in a big trouble. It only implies that the bondsman will look for you or else he will be in charge of paying the total amount of bail before a specific date. In that case, the bail bondsman usually hires a bounty hunter to find you. Typically, the bounty hunters are very resourceful and seldom eluded. That’s why it is really best to appear in the trial on the date set by the court. Besides, jumping bail is considered as a crime, whether you opted to have a bondsman or not.
But you should understand that not all court cases have corresponding bail. In some instances, individual recognizance is allowed rather than the money. This kind of bail lies solely on the statement of the suspect or a bond that the suspect will appear in court on the date of the proceedings. The judge can grant bail on anything he or she thinks is just and fair based on the law. If you were charged of a criminal offense, it is of the essence that you know and understand how does bail work to help you decide on your best interest.
On the whole, the bail bond system that is implemented in several justice systems offer the defendants or suspects the ability to be released from the prison house before their trial. Not all people have knowledge of how does bail work. But knowing the basics of the bail bond system can be a great advantage when you are charged of a crime or any criminal offense. The families of the defendants must also know how the system works in order to use this to their advantage.