Out On Bail? What You Can and Can’t Do

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If you or someone you know has been accused of a crime, the court may require bail in order to be released from jail. Bail is a monetary amount that you deposit with the court to ensure them that you will return for your court hearing. The full amount of bail can be posted in cash, or you can work with a bail bond agent to pay bail for a set fee. For the fee received, the bail bondsman agrees to pay the court the remainder of the set bail if you fail to appear in court.

The amount of money required by the court for bail will vary depending on the nature of the accused crime and the level of certainty the court has that you will return for your court appearance. If the court has specific concerns about your case, they may impose other, non-monetary conditions for what you can and can’t do while out on bail. Release conditions will vary by state and by circumstance, but here are some of the more common release conditions you may encounter:

1. Obey All Laws – Probably the most common condition to release is that the suspect must obey all laws. This may seem to be commonsense, but it is necessary to remember at all times not to put yourself in a situation where you could come to the attention of the police.

2. Limit Travel – the court may limit the suspect’s travel by requiring them to surrender a passport or wear an electronic tracking device. Even if such restrictive conditions are not imposed, it is common to forbid the suspect from leaving the state until their court appearance. Depending on the offense, the court may also impose a curfew on the suspect. You will need to get both the court and your bail bondsman’s permission to deviate from any of these restrictions on travel

3. No Contact With the Victim or Witnesses – this type of condition is often imposed when the alleged crime was against another person; for example assault or domestic violence. The court can impose this condition even if the alleged victim (perhaps a family member or friend) requests them not to prescribe the condition. While it may be tempting to ignore the no contact condition, it is not a good idea to do so, as the ramifications if you violate the condition can be steep.

4. Obtain Medical Treatment – if the defendant is found to have a drug or alcohol problem, the court may require them to attend treatment while out on bail. There may also be circumstances where the court finds it necessary to require medical or psychological counseling or testing during the bail term. If any of these conditions is required, do not avoid seeking the treatment.

It is very important that the conditions to release that are set by the court are followed. If they aren’t, the court may revoke bail and return you to jail. Any fee or premium paid to your bail bondsman is forfeited. Any collateral posted by your or a friend or family member is also in jeopardy. For these reasons, It is in everyone’s best interest that the conditions to release imposed by the court be adhered to while out on bail.

The Benefits Of Quickly Obtaining Bail

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It is not uncommon for people to make a mistake and find themselves being arrested. This is often a new experience, and the process can be very confusing. The one thing everyone seems to have in common is the desire to not spend any time in jail. In many cases, jail time can be avoided by paying a bail amount set by a court. Should someone not be able to afford the bail amount, a bail bondsman can be the key to avoiding time in jail. There are a number of reasons to get bail as soon as possible.

WHAT IS BAIL?
Property or money provided to a court for release of a person charged with a crime is known as bail. The reason for it is to assure a person charged with a crime returns to court for trial. The money used for bail is often given back to the provider upon conclusion of a trial. This happens if a person is found guilty or innocent when the trial is concluded. Should a person not return to the court for their trial, the court will keep the money or property provided for bail

KEEPING A JOB
A person may need the services of a bail bondsman to post bail as soon as possible. They may be motivated to do this so they can keep their job. In many cases, a person is not in a position to take time away from their work. Being able to maintain a steady income is essential for a number of reasons. As a case progresses, a person may need to pay legal fees and other things associated with their case. Keeping a job means people will be able to keep a home and maintain their life. This will reduce the stress involved with handling the trial’s proceedings.

PRIVACY
When people are charged with a crime, they don’t want it to take over their life. It’s beneficial to arrange bail immediately and start working on the case while not incarcerated. Spending time in jail can cause harm to a person’s reputation. This can happen even if they are found innocent of the crimes charged against them.

FAMILY TENSION
Having a family member charged with a crime is a situation that will impact the entire family. It will cause tension that increases when a person has to spend time in jail. Getting released on bail quickly will minimize the emotional impact on a family when one of its members is arrested. It is much easier to have the family member home then worry about them being locked up with criminals.

BUILDING A DEFENSE
When a person is arrested, they will want to be out on bail quickly so they can start working with a lawyer to build their legal defense. It is much easier for someone to visit an attorney’s office than for the attorney to deal with seeing someone in prison. A person will be able to explain the circumstances of the arrest and provide as many facts as possible for their defense. This could lead to positive evidence collection and more.

AVOID ARREST
A person does not have to be arrested for them to have to pay a bail amount. There are a number of things a person can be charged with where paying bail will end the situation. These are called preset bail amounts. In some cases, it is a way for a person to avoid jail time as well as being arrested.

All About Bail Collateral

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Bail bonds are helpful because they allow someone charged with a crime to get out of jail. They are also complex and sometimes involve unfamiliar concepts. Bail collateral is something that might seem confusing at first. It is important to understand what bail collateral is and how it works.

Understanding Bail Collateral

If you want to post bail for someone in jail, then the most straightforward way is to pay cash to a bail bondsman. Some bail amounts will be much more than the amount of cash a person has or can raise. This is where bail collateral comes into play. The collateral is any physical item or asset that you own. You are essentially going to use the asset to secure the bail bond. This is a very common practice.

Why You Need Bail Collateral

The reality is that bail collateral is needed for several reasons. The first is that many people simply cannot quickly withdrawal any amount of cash in order to get a loved one out of jail. A second reason is that some bail amounts are in the hundreds of thousands of dollars. The collateral allows bail bond agents to get a real and tangible item that can definitely be sold if something goes wrong. It allows agents to safely post bonds with the court and gives defendants without cash a way to get out of jail.

Items That Can Be Used As Bail Collateral

The range of items that can be used as bail collateral is very wide. There are just a few basic rules. The first and most important is that the item has to have real monetary value. The value cannot be in question, too low or sentimental. A second requirement is that you must fully own the item. There cannot be liens or pending payments due on the item. The third requirement is that the bail bond agency agrees to accept the collateral. Some of the most common items used are cars, houses, jewelry and exceptionally valuable electronics.

How the Process Works

The process of using bail collateral is relatively simple. You must get the items and show them to the bail bond agency. You must then show paperwork to prove ownership of larger items like automobiles. The agency usually wants the collateral assets to total around 150 percent of the total amount of the bond. This is to cover unexpected costs or depreciation. You will then have to give the pink slip, title or deed of the collateral to the bail bondsman. If the item is small like electronics or jewelry, then the agent will likely just take it and hold it. If everything goes well, then you will get the collateral back when the case is settled.

When the Collateral Will Be Returned

The collateral will be returned at the end of the defendant’s trial. The trial must end completely with everything resolved. The person must have shown up for all appearances. You must pay off any pending fees or charges in full to the bail bond agency. You will then generally get the collateral back in anywhere from a few business days to a week after resolution. If the defendant fled and did not complete the trial, then the bail bond agency has the right to seize and sell the collateral to pay for the bond and any associated damages.

How to Avoid the Most Common Bail Bond Scams

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The bail bond process is a right ensured by the Constitution. The process and fees associated with a bail bond are also heavily regulated in most states. Any fee or procedure that deviates from the regulations is likely fraudulent. Anyone posting bail should be aware of the regulations of their state, and if they are unsure about the practice, an attorney may help them.

General Ways to Avoid Scams

Since the bail bond process is heavily regulated, defendants have many ways to ensure that the agency they are working with is legal and true about posting bail. An agency must be licensed, so it is a good idea to always check this before working with a bail bondsmen. The bail bondsman should also be someone who works frequently with the jail and the courts, so it is very likely they will be known. The courthouse may be able to provide a list of reputable agencies in the local area for help with posting bail. Most agencies position their offices as close to the courthouse as possible, so any agency claiming to be a bail bond provider that is not reasonable close to the court should be suspect. One of the best ways to avoid scams is to allow an attorney to find a bondsman on the defendant’s behalf. Attorneys frequently work out the bail arrangements for their clients, and will have a list of reputable bail bonds agencies.

Cold Calls from Bail Bondsmen

A bail bondsmen typically cannot solicit their services directly. They also have very little reason to contact random individuals by phone. A bondsman waits to be contacted by someone who has recently been through a bail hearing and requires a bond to post bail. Contacting a person before that has occurred makes little sense. Any contact initiated by someone claiming to be a bail bondsman should be considered highly suspect. The scam may attempt to get the victim to pay for some kind of bond insurance or other fee. No such fees are valid, and such attempts are illegal in most states. Generally, no business should be conducted with a bail bondsman that initiates contact.

Bail Bondsmen Soliciting in Jails

This is a common scam that preys on the hopes of those already in jail without bail. Those perpetrating this scam will often promise to post bail in exchange for a small fee paid on the spot. They will often offer extremely low rates to encourage desperate people to take the offer. Similar to cold calling from a bail bondsmen, this is a form of contact that is generally illegal. A true bail bondsmen will never initiate contact with a person inside a jail.

Bail Bondsmen Requesting Payment Before Defendant is Released

A bail bond agency makes money based on fees paid by clients. The bail bondsman will post the required fee to the court and then request a fee as percentage of the cost of bail. A true bail bondsman will request proof the bail amount and will not charge an arbitrary fee before the defendant is released. Any bondsman that attempts to collect a fee before doing this is likely committing fraud and may not actually post the bond to release the defendant.

By being aware of scams and having an understanding of the bail process, everyone can scams. The bail bond process should be predictable and without any mysteries or unknowns.

Differences Between Bond & Bail

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When a person finds himself or herself in jail, it could be argued that he or she usually wants to be released as soon as possible. The aim of this article is to describe how the process of being released from jail in the United States works by outlining the differences between bail and bond.

What is bail?

Bail can be thought of as a combination of a payment and a promise. When a person who has been arrested posts bail, he or she is paying the court in order to be released from jail and simultaneously agreeing to show up for his or her court date.

Depending on the severity of the crime and the person’s criminal background, he or she may be able to post bail immediately after being arrested. In other cases, the person will have to remain in jail and wait for what is known as a bail hearing. The time frame for a bail hearing varies.

During the bail hearing, the judge will decide if the person is eligible to post bail. If so, the judge will then determine the cost of bail.

Based on a number of factors, bail may be less than five thousand dollars or more than one million dollars. Bail may also be waived. A person is released on his or her “own recognizance” in these situations.

What is bond?

Bail and bond are somewhat synonymous terms used to describe a financial “penalty” imposed by a judge on a person who has been arrested. When a person makes the payment, he or she is agreeing to appear before the judge to plead his or her case.

The technical differences between bail and bond lie in the forms of payment and the ascribed names. For example, cash bonds are essentially bail. In fact, bond is often referred to as “bail bond.”

As previously stated, a person may be allowed to post bail by making a cash payment to the court. The money is refunded if the defendant appears on his or her court date or dates as ordered by the judge.

What happens when a person does not have cash to post bail?

If a person has not been released on his or her own recognizance or does not have enough money to post bail, he or she will have to use the services of a bail bond company in order to be released from jail.

Other payment options include property bonds and surety bonds.

What are property bonds?

As implied by the name, a property bond is a form of payment in which the defendant uses the title to his or her property or properties instead of cash to post bail. The property value must be enough to cover the cost of bail; and in the event that the defendant fails to show up for his or her trial, the property is forfeited.

What are surety bonds?

Surety bonds are bonds that someone else agrees to pay on the defendant’s behalf, and these services are usually rendered by bail bondsmen.

The Difference Between Misdemeanor and Felony Bail

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Whether you or someone you know has been arrested, in most cases the person has the right to post bail in order to get out of jail. However, there are some cases where posting bail is not an option and the person must remain in jail even after the custody time has elapsed. What often determines whether a person has the right to post bail is the charge(s) for which they were arrested, as well as any meaningful circumstances involving the arrested individual. Further, a major determining factor is whether those charges were a misdemeanor or a felony.

Arrest Process

If someone is suspected of a crime, law enforcement officials may decide to arrest the individual and then take them to jail. Once they arrive at the jail, the individual will then be “booked” into the facility. This is an administrative process involving the filling out of forms and the gathering of their personal information. Further, it is during this booking process where the arrest information, the charges, as well as an inventory of personal property will be recorded. The individual will also photographed and fingerprinted during the booking.

Bail Process

Once the person has been booked, they will then be arraigned. During the arraignment, the defendant will appear before a judge, is informed of the charges, and then can enter a plea. It is during their arraignment where the individual will learn what their bail amount will be. This process will be very similar for both misdemeanor and felony charges. In situations where the defendant is allowed to post bail, the U.S. Constitution guarantees that the bail amount cannot be excessive. However, bail is often set at an amount which the average person probably does not have the cash on hand to pay it. For this, a person may use a bail bond service, a credit card, borrow the money, or remain in jail.

Misdemeanor Bail

With many misdemeanor crimes such as DUI, simple assault, drunk in public, and others, the jail may have a set bail amount already established. The person will be allowed to pay this bail amount and then leave the jail as soon as they do. Defendants who are charged with a misdemeanor crime must enter a plea of guilty, not guilty, or no contest at the time of the arraignment. The majority of misdemeanor charges requiring an arraignment in order to determine the bail amount, will usually take place very soon following the arrest. If the person remains in jail until the date of their arraignment for a misdemeanor charge, this process will usually be completed within a day or two following the arrest.

Felony Bail

For defendants who are charged with a felony crime, there is no guarantee that they will be allowed to post bail. Upon reviewing the facts of the case, the judge will determine whether or not to issue bail and at what amount. For many states, the bail amount for felonies may also be predetermined if the felony is not scheduled. For all scheduled felonies, each state has a list of amounts which the judge can use when determining what bail should be. The judge will also set a preliminary hearing during the arraignment, and in cases where the judge decides to grant bail, the amount is set after the plea and scheduling. For felony charges, the bail amount is often much higher than those of resulting from a misdemeanor.