Bail is a system used in many jurisdictions to allow accused individuals to be released from custody while pending trial. It involves the accused, their friend, or a family member making a financial guarantee through an amount of money called bail, that ensures the individual will appear at court. If the individual fails to appear at court, the bail amount is forfeited, and will not be returned.
Understanding the Bail System
The bail amount is typically set by a judge based on various factors. These factors include but are not limited to the severity of the crime, the criminal history of the individual, the risk of the individual fleeing, and can can also include conduct of the individual. For instance if an individual is accused of a crime and is caught trying to obstruct or influence/tamper with a witness, bail can be restricted. The goal of bail is to ensure that the accused individual will return for their court hearing.
The Bail Bond Process
- Setting Bail: After an arrest, a judge will set a bail amount.
- Posting Bail: The accused individual or their representative can post the full bail amount in cash or other assets. (these funds will be released on completion of showing to court for the entirety of the trial). Alternatively, they can work with a bail bondsman and post a percentage of the bail called a fee, but will not get that paid fee back ever.
- Bail Bondsman: A bail bondsman is a licensed professional who can post bail on behalf of an accused individual for a fee. This fee is typically a percentage of the bail amount and will not be returned.
- Collateral: The bail bondsman may require collateral, such as property or a signature from a co-signer, to secure the bond.
- Release: Once the bail is posted, the accused individual is released from custody.
- Conditions of Release: The judge may impose conditions on the individual's release, such as requiring them to remain in a specific jurisdiction or abstain from using drugs or alcohol.
Bail Bondsman Fees: Bail bondsman fees typically range from 5% to 10% of the total bail amount. This fee is non-refundable, regardless of whether the individual appears for their court hearing.
Forfeiture of Bail: If the accused individual fails to appear for their court hearing, the bail bond is forfeited. The bail bondsman may then attempt to collect the full bail amount from the individual or their collateral.
Alternatives to Bail: In some instances, individuals may be able to obtain release without posting bail. This can include personal recognizance bonds or supervised release programs.
Important Considerations
You may have heard the term bail reform on the television or news not knowing what it really means. Many jurisdictions are currently reforming their bail systems to address concerns about racial disparities and the impact of bail on low-income individuals.
Bail Bondsman Regulations, that is the laws governing bail bondsmen, vary by jurisdiction, so it's important to understand the specific regulations in your area.
If you or someone you know are facing bail-related issues, it's essential to consult with an attorney. An attorney can provide guidance on your specific situation and help you navigate the complex bail system. They can also properly address bail related issues with the court directly, arguing on behalf of the accused for a lower bail amount.