Bail Denial or Revocation
/in Uncategorized /by John ZavalaThe subject of bail is addressed by the Eighth Amendment to the US Constitution, providing that “excessive bail shall not be required.” This, however, does not mean that it is absolutely guaranteed in every case, and if bail is granted it may be revoked based upon the actions of the defendant.
Reasons for Denial
One of the primary purposes of bail is to ensure the defendant shows up for the court proceedings initiated as a result of the alleged offense. If the judge has any reason to believe the accused poses a flight risk, bail will likely be denied. A history of not appearing for a scheduled court date by the defendant or some comments or a disrespectful attitude toward the court will be factors ion the judge’s decision. Other reasons bail may be denied include:
• The crime the individual is accused of is serious. A person facing many years of incarceration or the death penalty is often denied bail
• The person was already on probation or parole. Judges are often unsympathetic to someone who shows an inability to stay out of trouble.
• The person is not a US citizen. Other than the risk of flight to return to one’s native country, there may be an immigration hold on a non-citizen.
• The person poses a danger to the community if he or she remains free.
Reasons for Revocation
A guiding principle regarding bail is that the court has the inherent power to protect its processes and the community. In the initial determination of the defendant’s suitability for bail, the judge established terms and conditions. Violating any of these is sufficient cause to revoke bail. The most common mistakes made by those out on bail are missing a court date and being arrested for a subsequent offense. Additionally, any hint of attempts to influence or intimidate a potential witness in the pending case will be met with harshly.
Other conditions of bail the judge may impose based on the circumstances of the case and that must be adhered to may be:
• No contact with the alleged victim
• Refrain from the use of alcohol or illegal drug with possible regular testing
• Limitations on driving
• Regular reporting to a specified official
Additionally, the judge may reconsider the original bail order in light of new information or changed circumstances.
Hearing
A defendant who has his or her bail revoked is entitled to a hearing on the matter. Depending on the nature of the violation, the time leading up to the hearing may be spent incarcerated or out of custody. The accused may be represented by counsel at the hearing where the prosecution will have a varying burden of proof based on the jurisdiction, either federal or state court, and again based on the specifics surrounding the violation.
Bond Forfeiture
In addition to facing bail revocation and jail time, it is common for the court to seek forfeiture of the entire bail bond amount once a defendant’s bail is revoked.
How the Bail Process Works and Getting Out of Jail After an Arrest
/in Uncategorized /by John Zavala
If you are ever arrested and want to spend the least amount of time possible in jail, the best possible thing to do is to post bail. Bail is generally an amount of money or a piece of property that is given to a court in order to promise that you will return there on your court date.
How Much Will the Bail Be
As soon as you get to jail, bail will probably be one of the first things on your mind. You will want to know how much it is and who to give it to so that you can leave jail as quickly as possible. Some offenses require a bail hearing, this will cause a lengthy stay in jail as judges only work during standard business hours and can not see you until they come in for the day. Fortunately, in a great majority of cases, there will be a chart for the bail amount of common offenses and there will be no need to see a judge.
Posting Bail
Once the bail is set, you can either pay the amount in cash, use an equivalent amount of property equal to your bail amount as collateral, enroll the services of a bail bondsman, or be released on your own recognizance. Of all of those options being released on your own recognizance is the most desirable, but is not always an available option and is often at the discretion of a judge. If you do not have the money or property equivalent to the bail amount then your best bet is to obtain a bond. A bond is basically a promise to pay your bail if you do not show up. Usually 10% of the bail amount is required up front in order to obtain a bond.
Innocent Until Proven Guilty?
/in Uncategorized /by John ZavalaWe’ve heard the term “guilty until proven innocent” many times. However, few stop to consider what this phrase means, exactly. It’s the cornerstone of the American legal system, and it allows people the chance to prove their innocence in front of a jury of their peers. Whether you’ve recently been accused of a crime or just want to keep your mind open to the facts of the law, understanding the ins and outs of this concept is important to help protect your rights.
When you are arrested for a crime, you are being charged. While it may require you to spend some time in jail, there is often the chance for you to make bail and be released. Since you have not yet been proven guilty and innocence must be presumed, this means that a bail bondsman can help you be released with the promise you’ll show up for court. Bondsman understand all too well that many in jail are innocent of their crimes, and they put their faith in them to arrive at their court date in order to prove their case.
During the trial, the defendant has the chance to present a strong case to the judge to prove that they are innocent of the crimes for which they are being charged or at least have them reduced. One of the most common ways to do so is to provide an alibi that can account for your whereabouts during the time of the alleged crime. For example, if you were at the movies with friends at the time a fire was set that you are accused of starting, your friends can provide testimony. You could even request surveillance footage near the theater to further strengthen your case.
In the event you are being charged with battery or some other type of violence, self defense is another common defense. This means that the victim in fact provoked the violent act by inflicting or intending to inflict harm on you. You have the right to defend yourself in this situation.
While less common, insanity is another defense sometimes used. This means that the defendant was not in the right mental capacity to be capable of making sane decisions at the time of the crime. However, if the defendant doesn’t have a history or mental disease, this can be a tough case to prove.
We all make mistakes, and that’s what helps us learn. Sometimes, those mistakes fall outside of the law. If you’ve been charged with a crime, the days, weeks, and months ahead will be stressful. After all, you’ll be facing judges and prosecutors whose primary goal is to show you did something wrong and punish you.
However, by taking the time to understand the concept of “innocent until proven guilty,” you have a better grasp of how the laws can work in your favor as well as how to present your case in such a way to support your innocence or reduce your charges. In the meantime, a bail bondsman can prove to be a welcomed ally during this tough time. They can help you get out of jail in order to sort everything out before your court date in order to best prove your innocence.
What It Means to Co-Sign A Bail Bond
/in Uncategorized /by John ZavalaFamily members and close friends of an alleged criminal may be asked to co-sign a bail bond. The co-signed bail bond is an agreement between the co-signer, bail bondsman, and the individual under arrest. The co-signer assumes full responsibility for the defendant released from jail. A co-signer’s potential financial obligations remain in place until the case against the accused in closed.
Initial Fees
The co-signer of the bail bond contract is often the same person who pays the bail bond company’s fees for service. Most bail bond firms charge 10 percent of the bail amount established by the court. The fee amount may vary depending upon state laws. Once the defendant is released, the bail bond fee is non-refundable.
Liability Concerns
The co-signer of bail bond promises the court that the accused will appear as required at court-scheduled hearing dates. If the accused skirts this responsibility, the bail bond firm pledges to the court that it will pay the bond in full if the defendant does not appear within the state-determined time period.
Co-Signer’s Miscellaneous Expenses
The co-signer is also financially responsible for other expenses if the accused does not fulfill his or her obligations. For instance, collect calls made from jail to the bond firm are charged to the co-signer. If the defendant remains at large, the bail bondsman may engage a bounty hunter and charge this expense to the co-signer. If settling the debt or court case spans more than 12 months, the bail bond firm may also charge the co-signed additional fees to extend the contract if state laws allow.
Recourse
A co-signer’s responsibilities are outlined in the original contractual agreement with the bail bond firm. Although the co-signer might not anticipate the consequences of helping a friend or family member, the financial costs of co-signing the bail can have a lasting negative impact.
A co-signer may be able to demand reimbursement for expenses and fees related to the bail bond contract. Unfortunately, the accused’s financial situation may be poor. A law suit intended to recover these fees may fail.
The bail bond firm can decide to demand payment of the bond in full from the co-signer if the accused does not appear. This happens because the co-signer made a contractual agreement with the bail bondsman.
Liquidation of Collateral
If the accused is not returned to jail after a failure to appear in court, the bail bond company can decide to liquidate posted collateral assets of the co-signer. For instance, if the co-signer posted real estate as collateral, the bond firm will foreclose on the property. The real estate will then be sold to raise the money promised to the bail company.
Conclusion
A bail bond is not a regular consumer loan. The right to post bail is a Constitutional right. The alleged criminal’s failure to uphold his or her legal and financial responsibilities can be severe. Co-signers, as part of the process, also assume responsibilities for the accused.
The co-signer agrees to make sure that the defendant appears on his or her court appearance dates. If the accused does not appear, then the co-signer is held responsible for this failure. It is the co-signer’s responsibility to find the accused and bring him back to the court or pay the bond in full as a means to resolving the defendant’s missteps. The bail bond firm acted in good faith and performed promised services for the accused but must be paid in the event he or she skips bail.
The Benefits Of Quickly Obtaining Bail
/in Bail Bonds, Booking Process, Uncategorized /by John ZavalaIt 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.
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