You can count on the various benefits of getting a money bail but getting that is possible only when you have a very deep pocket. And if you are thinking about borrowing cash from your relatives, even then, it doesn’t absolve you from owing a debt. That’s why, we recommend people to get the bail bond instead of a money bail.
Here are the advantages of bail bonds over cash:
- Absolves You from Paying Fines & Costs:
Unlike in cash bails, surety bonds cannot be used to pay fines and costs. It means that the party you are borrowing money from (in this case the surety company) will never be upheld to pay for the defendant’s mischief. Oppositely, when you pay cash, the court can order to utilize it in paying the fines and taxes. In some instances, the fine amount can be higher than if a surety bond was used.
- Gives You Access to the Court-Appointed Lawyer
Paying cash to the court increases the chance that the court will not appoint a public defender to handle your case. The court has to assume that you are unable to pay the amount before proving help.
- Saves You from the Chances of Forfeiture
Even an inadvertent failure to appear before the court can be technically counted as a bail violation which is a trouble for you, because in that case, your bail amount will be forfeited. And the trouble will be double-fold if you have posted a money bail for your temporary release. Even appearing in the wrong department or coming late will bring the same wrath on you by the court. But that’s not the same with a bail bond.
- Helps You Keep Private Information Private
Getting arrested is a very embarrassing situation, and this can even be damaging if your private information are leaked, which is the case with the cash bails. One of the best advantages of bail bonds is that your bail bondsman will hold all of the information they receive in strict confidence.
Finding the right help makes the process of getting a bail bond easier. Signature Bail Bonds is a licensed bail bonds agency in Orange County that offers 24 hours bail bond service.
Call us at 714-240-2245 for getting a free consultation with our bondsman.
Also Read: Posting a Bail: Analyze the Options Available
Also Read: 7 Tips to Follow If You Need An Emergency Bail Bond
When a citizen is detained by law enforcement officials, there will be a court date he will have to attend to formally hear the complaint of the criminal charges in his case. He will be expected to plea “guilty,” “not guilty,” or no contest if it is available. At this time, the judge will set a bail amount if the suspect does not appear to be a danger to society or a flight risk. Since the individual is accused of a crime, he or she must be detained.
Bail grants the individual release until the court renders judgment. If the individual cannot pay the entire bail amount, he or she can request services from a bail bondsman. He pays the bondsman a percentage of the bail to grant release until he appears in court again.
If the client feels that his bail is too high and would like a reduction, he must go through a bail reduction hearing. His attorney has to get the case in front of the judge and it could be beneficial:
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The bail bondsman would provide testimony in favor of the individual.
Once the bail reduction consideration hearing has been set, the bondsman must approve your lowered amount for bond.
To be prepared for the hearing, you must have the following documents: pay stubs, mortgages, and deeds. The court, as well as the bondsman, will need to see all income and expenses.
The individual should provide all of the information to the bondsman and lawyer beforehand.
Choosing a good bondsman is vital
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The judge favors an experienced bondman’s opinion
He also needs to feel that the bondsman can find you if you flee
The bondsman should provide a check in schedule for the individual to follow, so that the judge would be comfortable in reducing bail.
Bail is usually set at the defendant’s first court appearance after arrest, which is either a bail hearing or an arraignment. There are standard schedules which provide guidelines for bail amounts. In addition, judges may raise or lower bail based on several factors.
Here are 5 key factors used by judges to set a bail amount:
Severity of the charges. The judge will first look at the severity of the charges, especially whether or not the crime was violent. Police often arrest defendants under the highest available charge with the expectation that the charge will be reduced (for example, arresting for felony possession with intent to sell rather than misdemeanor possession); unfortunately, this can be detrimental to defendants seeking bail.
Protection of the public. Protecting the public is the primary concern in determining bail. If the crime is violent, the judge may not set bail at all or the judge may set a very high bail to deter the defendant from skipping trial. The judge will also determine whether the defendant poses a threat to themselves or other people.
Criminal history. Bail is likely to be set high for defendants with a past criminal history. This issue ties into protection of the public.
Flight risk. If the judge determines that the defendant is likely to skip the trial and flee from authorities, bail will be set higher. The entire bail amount is forfeited if the defendant flees, whereas the bail amount is returned if the defendant attends the trial and adheres to the conditions of release.
Defendant’s employment status. Judges are more likely to grant a lower bail to defendants who have stable employment to allow the defendant to maintain their employment status until the trial.