A Look Into America’s Bail System: Bail Bonds Rules and Regulations

A Look Into America’s Bail System: Bail Bonds Rules and Regulations

Bail is the term used for the release of an arrestee after being arrested. Although bails often involve paying a specific amount of money to release the defendant, it is not always the case. A judge can also offer the defendant the ROR option, or the Release on Recognizance, for those who cannot afford to post a cash bail as long as they promise to attend future court hearings.

Other arrestees can also opt for the help of a bail bondsman, but before you hire a bail bond agent, you must be aware that bail bonds are non-refundable payments to guarantee the release of a defendant. Additionally, posting bail isn’t just paying the set bail amount by the judge, but also following a set of rules and regulations.

The Rules and Regulations

Bail bond rules vary per state, but most of them have the same approach overall. The general rule that every state implement is as follows:

Arrest Authority

The bail bondsman who processed the bail bond will have the custody of the defendant. They can arrest the defendant whenever the forfeiture takes effect. The bail bondsman will provide a copy of the court’s bond before the court can issue a warrant against the defendant. The court may give the bail bondsman a price if they surrender the defendant.

Forfeiture

If the defendant does not attend court hearings after they are released with a bail bondsman’s help, the bail bond will automatically be forfeited by the court. The court will then order an arrest warrant against the defendant. The court clerk will notify the state’s attorney and the bail bondsman about the forfeiture and the warrant of arrest issued by the court.

License

The US law states that an individual aged 18 and above can cover a bail bond on behalf of an arrestee. The person should also be trusted and proven to have a good character and background. If someone wishes to become a bail bondsman, they should pass the examination plus a year of being an employee of a certified bail bondsman.

Forfeiture Defense

The law protects all bail bondsmen from bond loss and the defendant from imprisonment if they can provide an acceptable reason why they did not show up on the hearing on a set date and time.

Remission Law

The remission law was established to obligate a bail bondsman to fund all the expenses produced by the state used to pursue a defendant if they do not appear in court. The bail bondsman may acquire a refund, but the law states that the court should go against the bail bondsman if they fail to pay the expenses.

The Role of a Bail Bondsman

It is also vital that you know the bail bondsman’s role after familiarizing the bail bond rules and regulations. Knowing how a bail bondsman helps you when a friend or a family member gets arrested is essential.

The most prominent role of a bail bondsman is to post bail on behalf of the defendants if they can not afford to pay it with their own money. After the bail bondsman posted bail for the defendants, the court will issue an order to release the defendant from jail.

Another role of a bail bondsman is to bail hearing procedures by determining what needs to be done to ensure that the defendant will appear in court during the set date and time. The third role to be observed by the bail bondsman is to know the bail proceedings’ background.

When you hire a bail bond agent, you must know that they understand their role correctly to offer you an effective service. You can ask the bail bondsman endless questions to prove how in-depth their knowledge is in the field.

Common Types of Bail

There are different ways to bail out of jail, and these are the four most common types of bail you may encounter or choose.

Cash Bail

You can help a friend or a family get out of jail by paying the bail in cash. You will need to pay the full amount of the set bail upfront and in person. The amount of the bail will depend on the case the defendant was arrested for by the authority. If the arrestee’s case will result in thousands of dollars in bail, it is advised to use another bail method.

Bail Bondsman

Some individuals are willing to lend you their service to help your loved one get out of jail. Bail bond agents can be contacted to pay the bail for the defendant. These are professionals who offer assistance to individuals who are not capable of paying for their bail.

PR Bond

A PR Bond or Personal recognizance bond, also known as Release on Recognizance (ROR), is given by the judge to give the arrestee the chance to be out of jail with no money paid as a bail as long as they promise to appear in court when needed. This is offered mostly to individuals arrested for the first time due to non-violent crimes.

Collateral Bail

If you do not have enough money to post bail, you can always opt for a collateral bail, where you can use properties like a house, a vehicle, land, valuable items such as jewelry, or a gun. These items will be returned to you if not confiscated after the case is settled.

Keep in mind that different states also have different kinds of bail offered. You have to know what bail is available in the state where the defendant was arrested and make your move accordingly. However, although every state has their versions of bails, most of it has the same objective.

Takeaway

Sometimes we are faced with situations that are out of our hands, and we will need a professional’s assistance. In the case of an arrest, a bail bondsman is your go-to person to help bail you out in jail. After an arrest, talk to your lawyer if you don’t have enough cash for bail, and mention that you need a bail bond agent.

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