Once someone you know is arrested and taken into custody, are you aware of what will happen in the bail hearing? If the person is not released, they will be taken to court where a judge must decide if they will be released or not.
Bail approval is dependent on several different things, such as the actual crime, the criminal history of the dependent and whether they are a flight risk, among other things. A bail hearing is set on a predetermined schedule. There is not a preference on how someone gets a hearing. This depends primarily on the date that the defendant was arrested. During the first appearance in front of the judge, the prosecutor and the defense attorney will make statements on why the defendant should or should not receive bail.
In some states, bail bond amounts are somewhat preset by having a minimum and maximum amount determined based on how serious the crime is as well as class. The specific bail amount is at the discretion of the judge.
The judge will then listen to the arguments and determine if the defendant is a threat to the community and if they will make scheduled court appearances. If there is strong evidence against the defendant, the judge will more than likely refuse bail.
Once a bail amount has been set, someone can pay for the accused’s bond. The accused also has the option of turning to a bail bonds agent who will then leverage the money in exchange for collateral and a percentage to be paid up front. The defendant will then be allowed to leave jail. However, if the defendant does not do their part of the agreement, then the collateral will be seized.
Although many minor felonies don’t require a court appearance, criminal cases will often require someone to post bail for you if you don’t have the money yourself. This can be distressing, so demystifying the process of obtaining bail bonds in Orange County, and the bail stages you go through in a criminal case can do much to help you or other family members get through the process.
Minor crimes – bail is often a set amount, and you could be released from custody within hours of the money being received.
When it’s more serious – however, for violent crimes, or for habitual offenders, the bail amount might need the attention of a judge, in which case you may find yourself held in custody until the next available court date. The assumption may be that you might not appear at court, so bail is likely to be high.
Bail bonds – in these cases, you’ll need the help of the bail bondsman. When buying bail bonds in Orange County or anywhere else, the bondsman will generally ask for a fee of around 10% of the bail amount to be paid to him. Unlike posting bail yourself, the bondsman will keep this for his services rather than returning the money to you.
Of good character – it’s a rather antiquated phrase, but if you are a first-time offender, or otherwise a pillar of the community, you may be released on your own recognizance; effectively, your word is your bond that you will attend court.
Go to court – failure to appear will mean a warrant is immediately issued for your arrest, and if you paid a bail bondsman, a bounty hunter will be sent to collect you. The financial consequences are also dire, as your bail money will not be returned to you, friends, or family.