Understanding the step-by-step process of bail bonds empowers defendants and their loved ones to make informed decisions at every juncture along this often complicated journey. These decisions include deciding whether to seek services from a bail bondsman.
If a person has been arrested and the court sets their bail amount, they may not have enough money to post bail in cash. They can ask their friends and family to post a bond for them.
The Arrest and Booking
The first step in the bail bonds West Chester, PA, process is to have someone arrested and booked. During this process, essential information, such as the person’s details and the nature of their alleged crime, is recorded. Once in custody, the person can either be released on their recognizance or choose to go through a bail hearing to have bail set. In the latter case, a bail bondsman can step in to help.
A bail is a form of payment where a friend or family member signs an affidavit of surety contract to guarantee that the accused will appear for all court proceedings. If they fail, the person who signed the contract must pay the full bail amount to the courts. In many cases, a bail bondsman can use collateral such as property to secure the bond. However, this often comes with hefty fees.
The Bail Hearing
The bail hearing is the first appearance a defendant makes in court. It is when a judge or magistrate determines if and how much bail should be set. The court wants to know if the accused is a flight risk and how dangerous they are to society if released from jail to await trial.
They will consider the defendant’s past criminal record, family and employment ties, how long they have lived in the area, and other personal details. They will also look at the type of crime committed and whether it was violent. The law requires the judge or magistrate to decide how much bail is appropriate based on these key facts and the overall risks.
Once a court has decided on bail, it is up to the accused and their friends or family to come up with the money to pay for the bond. A bail bond company can step in as a third party if they cannot.
The Bail Amount
When bail is set, a judge considers if the person has a job and ties to the community. They also consider their flight risk. A judge wants to ensure that the accused person will return to court by requiring them or their loved ones to pay money or provide collateral.
If a person can post the full bail amount, they will be released from jail and remain free until their case is resolved. This allows defendants to keep their jobs and care for their families without putting their lives on hold in jail.
However, not everyone can afford to pay the entire bail amount. This is when a bail bond agent can help. The bond company will charge a fee, usually 10-20% of the total bail amount. This money will be returned once the person is acquitted or their trial has concluded. They may also have to provide collateral, such as a car or house.
The payment
Once the judge has determined the amount of bail, it is up to the accused and their friends or family to come up with the money to pay this sum to the court. Many people have difficulty affording this on their own, which is where bail bond companies come in to help.
The bail bondsman charges the defendant a fee, typically 10% of the total bail amount. They may also ask the accused to put up some collateral, such as a home, car, or other personal property.
The collateral reduces the risk for the bail bond company if the accused fails to appear for their court dates. This is why it is so essential that the accused sticks to their bail conditions and appears for all court dates. If they do, the bail bond company will return any collateral pledged to them. If the accused skips bail, the bond company will be forced to take over the total amount of the bail they paid to the courts.
