Business Guides
Bail Bonds As Legal Requirements, Setting Bail Amounts
Bail bonds are legal requirements imposed on people accused of a crime by the courts. It acts as a guarantee that the accused will appear in court on the date scheduled. In most cases, bail bondsmen are brokers who post bail for their clients. However, there are some who are homeowners who also require bail bonds for their property. They may have any number of reasons for getting a bail bond.
A surety bond, also known as bonding, is a term used to describe a contract between a principal or insurer and an obligee. The obligee is the person or entity that pledges his property or asset to obtain funds for a particular claim or agreement. Bail bondsmen or brokers are the ones who arrange and maintain surety bonds with their clients. In the United States, there are many different types of bail bonds available for different types of defendants. These include:
The most common bail bondsmen in the United States are felons. People who are charged with felonies are required to post bail and are only released when they have fulfilled their obligations. To find out if a person is eligible for bail bonds, he/she must be facing a felony charge. If the defendant’s eligibility to get free unsupervised is approved, he/she must have a written surety bond agreement signed by a judge.
Unsupervised funds require a higher amount of cash bail than the usual requirements. Most counties across the United States set a bond requirement for first-time defendants who are facing trial. If the defendant does not post a bond, he/she will have to spend the amount of money collected through bail bonds until the case is resolved. Some states allow bail bonds for defendants who have not been convicted of any crimes; however, they may only be used for serious offenses.
Full-service bail bond companies do not require collateral for their bonds, which means that collateral will not be required if the defendant fails to appear in court as scheduled. If the defendant’s bail bond is raised by full-service companies, they will hold all the legal responsibility for the defendant until the court accepts or declines the full amount of the bail. In other words, full-service companies do not take over the risk on the part of the defendant. Full-service bail bondsmen can post their fees at a rate that is agreeable to them.
Judges often use bail amounts to set bail limits. When deciding on the bail amount, judges consider the seriousness of the defendant’s arrest, his/her history of criminal activities, potential income loss, and how much risk would be posed if the defendant was released from jail. Factors such as whether the defendant has a clean record and has not been involved in any criminal activity are considered in setting bail amounts. Sometimes, judges may also consider whether the defendant poses a future risk by paying higher bail amounts or whether he/she is a flight risk, in which case higher bail may be ordered.