A lot of people hear about bail regularly, as it is often mentioned every time someone is arrested. Some people do not truly understand everything that bail entails. Here is a look at what bail is, how Orange County Bail Bonds work, and what bail bondsmen do.
How Bail Bondsmen Work in the Background?
When a person is arrested on suspicion of a crime, the person will be taken to jail and booked. They will have a mug shot taken, fingerprinted, and a statement will be asked for. While the person is awaiting their court date, they could be bailed out of jail.
Bail is an agreement that an agency such as Orange County Bail Bonds will make on the behalf of the accused. The agency will help get the accused released from jail while they await their court date. The exchange is based off collateral, which is normally money. The agency must make sure that the accused is in court on their scheduled court date. If the accused does not appear for their date, the agency will have a bounty hunter find the person.
How Does Bail Bond Work?
When the bail bondsman puts up the initial fee for the release of the accused, it is not refundable, even if the case eventually gets thrown out. The bail bondsman will take out a security against the accused’s assets to help cover the loan. If the accused doesn’t have enough assets, the bondsmen may elect to take out securities against the accused friends and family. In most cases, a bondsman will require a cash payment along with a mortgage to cover the bond money.
The bondsman has the right to sue the accused for the amount of the bail bond as well as claim assets owned by the accused if something goes wrong.
Posting a federal bail bond is slightly different than posting a conventional bond. In most cases, federal charges are more severe and past history says that individuals who are arrested on federal charges are more likely to skip bond than those who are arrested on lesser charges.
Before you can post a federal bond, you must be arrested and taken into custody. To increase your chances of receiving a reasonable bond amount, it is important that you fully cooperate with the arresting officer and comply with all of his or her requests.
Once you have been arrested, you will be taken to a county jail. Depending on the severity of your charge, you may be transferred to a federal facility for booking and processing. Unlike a conventional bond, bonds are not set according to a bail bonds schedule. Instead, a defendant charged with a federal offense will be held in what is referred to as pre-trial detention. Before bond will be set, you will have to attend a detention hearing and an arraignment. In most cases, both hearings are held at the same time.
Detention Hearing and Arraignment
If the defendant expects to receive bail, they will have to prove they are not a flight risk and win the detention hearing. If the court believes them and agrees to a bond amount, the arraignment hearing will take place and bail will be set. The defendant will be informed as to what will be expected of them after their release. They will also be informed of their next court date.
Hire a Bail Bonds Agent
After the defendant has won their detention hearing, the first thing they will need to do is hire a reputable bail bond agent that specializes in federal bail bonds. A federal bail bond has more restrictions than a regular bail bond. It is important to hire a bail bonds agent who understands exactly what is required when writing a federal bail bond.
Complete the Contract
Once the defendant has hired a bail bonds agent who is licensed to write federal bail bonds, the next step is to complete the contract and agree to the terms and conditions of the release. The court will make the terms and conditions available to both the co-signer and the defendant. The defendant must provide a valid, legal address and phone number so they can be contacted at any time. The bail bonds agent must verify all of the defendant’s, as well as the co-signer’s information.
Secure the Bond
The defendant or the co-signer will have to find the funds to secure the bail bond. Because of the nature of the bond being written, many courts require a large sum of money or a property bond to be secured before the defendant can be released. A property bond uses real property to secure the promissory note attached to the contract. The property used to secure the bail bond must worth at least 150 percent of the bond value itself. The reason the property must hold that much value is that it will need to be able to cover the cost of foreclosing on the property if the defendant does not comply with the court’s requirements.
After bail has been secured, the defendant will be released from jail and given all court mandated requirements. They will have to meet with the bail bonds agent and go over the bail bonds contract. A receipt for the property that is being used to secure the bail bond will also be provided. After the meeting with the bail bond agent, the defendant will be allowed to go home and resume their daily routine.
Comply with All Court Requirements
A defendant who has been released on a federal bail bond must comply with all court requirements. This means daily reporting to the bail bonds agency, reporting any address changes and attending all scheduled court hearings. They must also appear at any other hearings, pre-trial meetings and trial sessions that are mandated and scheduled by the court. If they fail to comply, a warrant will be issued for their arrest and the bail bond will be forfeited.