Posting bail is a common process in the criminal justice system. It is the money or property that is put up by a defendant as a promise to appear in court at a future date. This article will provide a comprehensive overview of the bail process and how it works.
A bail bond professional is a person who provides financial assistance to those who are facing criminal charges and need to be released from jail pending their trial. The bail bond professional typically charges a fee for their services and is often a part of a larger bail bond business. They are often referred to as a bail bond agent, bondsman, or surety.
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What Is Bail?
Bail is the money or property that a defendant must post in order to be released from jail while awaiting a court date. The purpose of bail is to guarantee that the defendant will appear in court when required. The amount of bail is typically set by a judge or magistrate and is based on the severity of the crime that the defendant has been accused of, as well as other factors.
How Is Bail Set?
The court will consider a number of factors when setting the amount of bail. These may include the severity of the crime, the defendant’s past criminal history, the defendant’s ties to the community, and the likelihood of the defendant appearing in court.
How Is Bail Posted?
Once the amount of bail has been set, the defendant or a third party may post bail in the form of cash, surety bond, or property. Cash bail is simply the payment of the full amount of bail in cash. A surety bond is when a bail bondsman guarantees payment of the bail amount in exchange for a fee, usually 10%. Property can also be used to post bail, provided that the property is valued at least two times the amount of bail.
What Happens If Bail Is Not Posted?
If the defendant or a third party is unable to post bail, the defendant must remain in jail until the court date. The defendant may also be held without bail in certain cases.
Conclusion
Posting bail is a common process in the criminal justice system. Bail is the money or property that a defendant must post in order to be released from jail while awaiting a court date. The amount of bail is typically set by a judge or magistrate and is based on the severity of the crime and other factors. Bail can be posted in the form of cash, surety bond, or property. If the bail is not posted, the defendant must remain in jail until the court date.