The question of bail is directly related to right to liberty which is one of the fundamental rights guaranteed in almost every constitutional democracy around the world. One of the very basic reasons is that to deprive an accused of his basic human right of liberty and keeping his trial pending which might be for various reasons from jurisdiction to jurisdiction, may amount to keeping in custody an innocent person. Therefore, to address this obscurity of legal and judicial system, law provide for a state-of-art expression “bail” effectuated through bail bonds through common or reliable sureties. The purposes of this legal instrument is not to allow an accused to disappear, commit further offense, or obstruct the court of justice in any way, rather the spirit of law is to liberate him and bound to appear to answer, at a specified time and place and defend the charge against him, until the final adjudication of the case.

However, legal significance of the expression “bail”, its nature and scope is often contaminated due to various false impressions. Bail bond is a document on behalf of which a prisoner is released from jail, and the person who gives the bail money also promises that the accused whom he had bailed out will appear in the court at given time. And any person or organization which promises material value and ensures that the accused person will attend his trials.

People who approve a bail bond by signing are called indemnitor. Most of the people are not clear about their responsibilities after signing a bail bond. When one hear the news that someone, very close to him has been accused of committing a crime and has been caught by the law enforcement agency. Now that person decides to take the responsibility to bail his loved one out. This is the point where he needs to be very clear about few misconception of bail posting procedure. Otherwise they may get into worse trouble. These misconceptions are commonly accepted as true, but they are not in reality. Following are some of those misconceptions.

It is believed that bail bonds are negotiable. Of course, this is not true. Only judge the cost of a bail and the legislative body of the state determines the bailing procedure and limits of charges. For instance, in California a citizen of Loss Angeles when posts a bail, he must pay the 10 percent of total bail money. This fee is determined by the law. It cannot be negotiated in anyway.

If anyone tries to negotiate bail price, either he is lying or going against the law. For the easement of the person who is paying the bail money, a relaxation is given, which is if the person cannot pay full bail money at the spot, he may give it in installments, provided that he has good credit history. It is commonly believed that if one decides to pay the bail money in installments, he would have to pay this money with interest rate. This is not true because if interest rate is applied, the total bail cost will be more than charged by the court. So, this would be illegal.

This misconception is naturally much more common than other misconceptions about bailment procedure. It is that, after the bail is posted and the accused is released from the jail, the indemnified feels that he has no responsibility now and he is acquitted. As a matter of fact, he is still responsible for each and every thing till the final verdict of the court. Apart from others, generally, these include that accused regularly attends all his trial dates, even if he misses a single day of hearing, the bail bondsman will not receive the bail money in refund. It will cost the bail bondsman if accused skip any trial date or jump the bail in future. This shows that bail bondsman is also responsible for many things after accused is released.

Bail bondsman basically provides a contract to the court ensuring that the defendant would appear in the court. The guarantee is provided by the defendant’s family members or friends.
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A bail bondsman is the person whose task is to post bail for anyone who has been arrested. Securing the services of a good bail bondsman is not that difficult.
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Author Bio: Bail bondsman basically provides a contract to the court ensuring that the defendant would appear in the court. The guarantee is provided by the defendant’s family members or friends.
Click here for Bail bonds

Category: Legal
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