Bail Bonds Palm Bay process allows individuals to remain out of jail until their court hearings. This helps them to keep their jobs and maintain family responsibilities.
Bail bonds also help reduce jail overcrowding and ensure the equitable treatment of individuals from diverse socioeconomic backgrounds. The most obvious benefit is financial.
A defendant may need collateral to secure a bail bond. This is because the bail amount set by the court can be high and some people do not have the funds to pay for this upfront. This is where the bail bondsman steps in, securing the bond by taking on some of the financial risk that could occur if the defendant fails to attend their court appearances or flees from justice altogether. The bail bondsman will require that a co-signer or indemnitor pledge an asset as collateral for the entire bond amount, and this is usually something of substantial value.
The type of collateral that is acceptable can vary depending on the particular bail bondsman and the specific situation. However, the primary factor in determining collateral is that it must legally belong to the defendant and be free of liens or other encumbrances. For example, real estate property is often used as collateral because it has a significant value and is easy to appraise. Vehicles are also popular since they tend to be highly liquid and can be easily appraised and sold. Other items of substantial value that have been offered as collateral include jewelry, precious metals and various bank accounts and investments.
Although the court is prohibited by law from setting bail so high that it is impossible to afford, some cases do come with such exorbitant amounts that it makes more sense for a defendant to use a bail bond to get out of jail than it does to wait in jail until their trial dates roll around. In some cases, the collateral that is pledged will be seized by the bail bond company in the event the defendant does not appear for their court appearances and forfeits their bail.
As a result, it is very important for anyone considering offering collateral for a bail bond to carefully consider all of the risks and responsibilities involved in doing so. It is also very important to understand how and when collateral will be returned after the case is complete and all financial obligations have been settled.
Bail Hearings
If a criminal defendant is arrested, they can either remain in jail until their case is resolved in court, pay the full amount of bail or arrange for a bail bond. In the latter instance, the defendant pays a fee to a bail bondsman and puts up property as collateral. This can include jewelry, cars or houses. The bail bondsman then guarantees to return the defendant to court for all scheduled hearings. If the defendant doesn’t appear, the bondsman hires a bounty hunter to track them and return them to court. The judge who oversees the bail hearing has a great deal of discretion, so having a skilled attorney is vital.
During the bail hearing, the Crown reads out the charges against the defendant and the court or duty counsel will ask if there are any facts not included in the charging documents that would make it inappropriate to release the person on bail. The defence will also have the opportunity to call witnesses and present evidence. The judge will consider all relevant factors before making a decision.
A common consideration for bail is whether the Defendant will show up to court, often called “flight risk.” For example, a Judge may be more likely to set a high bail if the charges are violent or if the defendant has an extensive prior record that suggests he or she will commit more crimes if released on bail. A Judge also must weigh the Defendant’s ties to the community, any international connections and the ease with which a person could leave the country to avoid appearing in court.
Most cases begin in District Court, which means a person must wait to see a Judge for an arraignment or bail hearing. But before the Defendant sees the Judge, they will have the option of a bail review hearing before a Commissioner. These reviews are usually informal, with both sides making a quick pitch to the Judge for increasing or lowering the amount of the bail.
Commissioners are a special type of government employee who conduct these first appearances, but they don’t have the same level of discretion as a Judge does. They are required to follow specific rules and guidelines. For example, a Commissioner is unlikely to consider the fact that many studies have shown that money-based bail has very little impact on court attendance, but they might be willing to consider the Defendant’s past record in determining whether he or she is a danger to the public if they are held on bail.
Releasing the Defendant
Bail is an amount of money or property that a defendant or someone on their behalf puts up as a promise to the Judge that they will return to court for future dates. During the bail hearing, the defense lawyer will have a chance to argue whether the defendant should be released from jail or kept in custody. The Judge will then decide if the bond will be set and the amount of the bond.
Defendants often do not have the ability to pay the full amount of the bail. This is where a bail/bond company comes in. They will cosign the bail bond for a fee. The contract will discuss what is on the line, including any collateral and that the person securing the bail bond promises to ensure the defendant appears in court.
A bail bond is usually much more affordable than paying cash directly to the court. If the defendant does not appear for a court date, the bail/bond company will get in touch with them to find out what happened. Depending on the circumstances, they may hire a bounty hunter to track down the defendant and bring them back to jail. The bail/bond company will then try to recover any collateral and recoup their expenses.
The court has the discretion to deny bail if it feels that the defendant is a flight risk or a danger to the public. This is a very broad category and the Judge will consider many factors when making this decision.
Defendants often have to wait hours or even days before the bail/bond company can post the bond at the jail. During this time, the defendant will be required to submit all of their personal items to the jail. Depending on the jail, these items can include clothing, cell phones and any other electronic devices. In addition, the defendant will be required to sign a form agreeing to not lose or use any of their personal belongings that are confiscated by the jail. They will also be required to give their name, booking number and the charges they are being held for.
Payment
There are many different ways to pay for a bail bond depending on the jurisdiction and the company you choose to use. Most of the time, cash is accepted but you can also make a credit card payment or some other form of financing. It all depends on what you and the bondsman agree to. Generally, there is a fee charged for posting a bail bond which is a percentage of the total amount set by the judge. This can vary anywhere from 10-20%. You can pay this in full up front or on a payment plan as long as the agreement is stated clearly on the paperwork.
In some cases, a judge will allow a defendant to get out of jail without paying any money at all as long as they sign something saying that they will attend their hearings and court dates. This is usually only allowed when the person is close to the courts, like a family member.
If you have a house or car, it may be possible to use those assets as collateral for setting bail. However, this is a risky option because it means that if the accused fails to appear in court, the assets will be taken by the courts. This is why it is always important to ensure that you or your loved one is on top of all their court dates and proceedings.
The simplest way to pay for bail is to do it in cash at the same court where your case is pending. Most people who are arrested don’t have the cash on hand and will need to use a bail bondsman to post their bond. If you are doing this, it’s important to ask about any fees or collateral required by the bond company and to get copies of everything in writing.
If you are unable to afford to pay the full amount of bail, you can try to get a property bond from a bail bondsman. These bonds are backed by your home, car or other asset and they will require you to put up a down payment of 10% as a fee for their services.