Bail bonds process–this may seem like just a bunch of words to many of you who are unaware of bail bonds and their workings. However, bail bond is indispensable to people who is caught in the grip of law. But before we go further into the topic, let’s shed some light on what bail bond is.

The legal system of the United States is based on the concept that a person is not guilty until the charges upon him or her are proven in the court of law. The person facing the charges, or who is commonly called the defendant, is entitled to present the case with the help of a counsel, so that a proper defense can be done. If the defendant is unable to hire his or her own counsel, the state or the court will assign one for the defendant. The defense counsels can appeal to the court for the release of their client in order to buy some time to prepare the case. This can be done by utilizing the bail bonds system. Simply put, bail bond is a legal procedure, by which the defendant is granted his or her freedom until the charges are proven with the provision of a certain amount of money as assigned by the court. Bail bond is a kind of financial guarantee, which ensures the presence of the defendant in court for all the trials, and for as long as the judicial process continues.

The procedures leading to the bail bond process after a person is arrested go like this. When a person is under arrest as suspect to any crime, he or she will be taken to the local police station where they are booked. An officer will gather primary evidences by collecting the suspect’s fingerprints and doing background checks; and then an intoxication test will be run on the suspect. The officer will also seize the suspects’ personal belongings, but they will be returned at the time of release. The suspect is usually allowed to make phone calls at this stage. After the booking procedure is over, the suspect will be taken into custody until the start of the trial.

Next Comes the bail bond process. Usually if the crime is not of serious type, the person is allowed to post bail instantly. However, in case of serious crimes, the suspect is entitled for a bail hearing, which is usually conducted within 48 hours of the arrest. As far as the bail hearing is concerned, the judge will decide if the suspect should be allowed to bail. The decision is made after hearing the statements of both the counsels. If the suspected person is allowed the bail, it’s down to the judge to assign the total amount of bail.

The judge’s decision depends mainly on a few factors the first is the alleged person’s criminal history. If the person has criminal records or records mentioning his absence to previous trials, then it will affect the judge’s decision to a great extent. Another issue that affects the judge’s decision is the severity of the offence. In some jurisdictions, the bailing schedule, which is also a part of the bail bond process, has standardized the bail bond amount. However, for others, the decision is made solely by the judge.

As soon as the judge determines the bailing amount, the person is allowed to be free after posting the amount either in cash or in assets. In cases that the defendent is unable to pay his or her own bail, then a bail bondsman is consulted to act as a mediatory. The bondsman usually takes up a nominal charge, which is often 10 to 15 percent of the total bond amount, and provides the rest of the money to the state, so that the defendant can be released.

Bail bond process is not that hard as it sound, however it requires some knowledge of the judiciary system to understand it.

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

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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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