Depending on many factors, including the type of offense, you may qualify for bail if you are arrested. This allows you to remain in the comfort of your home while you await trial. Typically, posting bail involves paying a fee, which assures the court you will attend your hearing to face the consequences of the crime for which you are accused. This process, however, can be long and complicated, so it's important to familiarize yourself with it. If you believe you or someone you know may be arrested in the near future, check out these four facts you need to know about posting bail.
You Can See If You Qualify for OR
In a best-case scenario, if you are arrested, you will qualify to be released on your own recognizance (OR). Only a judge can determine if you qualify for OR, so you'll have to wait to see one, which may mean staying in jail through the weekend. If you do qualify, however, you don't need to post bail to be released. Instead, you agree to attend your hearing and face the potential consequences. If you don't, of course, a warrant will likely be issued for your arrest, and you'll no longer qualify for OR. To determine if OR should be granted, a judge will consider the extent and type of crime, and they will also look at your criminal record to see if you are likely to commit another crime and/or flee. They will also consider your ties to the community. If you have little, you may be considered a flight risk.
Money and/or Collateral May Be Necessary
If you don't want to wait to see if you qualify for OR, or if you don't qualify, you may be still be released with bail. However, instead of simply giving your word as proof you'll attend your hearing, you need to provide cash or collateral. The cash can come from you or someone you know, and the collateral must be worth enough to cover the cost of bail. For smaller pieces of collateral like valuable jewelry, the court may seize the item to store for safekeeping, but for larger collateral like your home, they may request the deed, but let you stay in the home. After the trial, the money and/or collateral is returned, even if you are found guilty. However, if you are found guilty, the court may still seize assets or retain some money to pay for fines and fees.
You May Need to Agree to Specific Terms
Whether you're released on your own recognizance or someone posts your bail, you may have to agree to certain terms. For example, if your accident involved alcohol, part of your release agreement may be to abstain from alcohol. You may even have to attend certain addiction meetings. If you fail to follow these rules, and/or if you fail to attend your hearing, you will likely forfeit the money or collateral used to post your bail. If a loved one posted your bail for you, they may have to agree to take responsibility for you, ensuring you follow the court's guidelines and attend all hearings.
Bail Bond Agents Post Bail for You
For many people, bail is too expensive. They may not want to risk losing their home or other belongings, and they may need their finances for other things, such as helping to pay your defense. For this reason, bail bond agents offer loans to pay bail. In exchange for a fee, they'll post bail, including doing all the paperwork and taking all the responsibility and risk. This allows you to keep your family's property and money safe.
Getting arrested is a stressful time, which is why you need to be aware of your rights regarding bail. Bail bond agents make posting bail a breeze. For more information regarding bail bonds and the bail process, contact an agent at a company like A M Bail Bonds in your area today.Share
26 September 2018
When I started my first small business, I had no idea how much I really didn’t know. I was fully prepared to deal with customers, sell product and even handle complaints and returns. What I wasn’t aware of was that there is so much more to it. I was lacking the legal expertise to protect the company and myself. I wanted others to benefit from my experience, mistakes and lessons learned, so I started this blog. From employment law to the legal business contracts you’ll have to sign when you form partnerships, business law is complex. I hope that the information here will help you to be better prepared when you start your business so that you’ll know when you need to call an attorney and when you can handle things yourself.