Troy's Bail Bonds

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Common Bail Bond Terminology

Getting arrested is one of the most stressful situations one can find themselves. After being processed by the police and meeting with the judge, it’s then decided whether bail will be granted and at what amount the accused has to pay to retain their freedom. It is around this moment that most people contact a bail bondsman. Understanding the process and terminology of bail is best learned before you have to go through the rigors of the process. The following are a handful of terms worth knowing in the event you need bail bond services.  

Bail

What exactly is bail, you ask? Bail is money posted in order to be released from custody until the time that the court orders them to re-appear. The money posted is used as a means to make sure the accused will return to court.

Bail Condition

This refers to the conditions the accused is required to abide by in order to secure their release.  These may include things like not communicating with a particular person or staying in their residence at specific times. Failure to follow these conditions may result in being returned to custody.

Bond

If the bail amount set by the court cannot be paid, assistance may be required from a company that can guarantee the full amount to the court. The accused typically pays 10 percent upfront, then the company will post a surety bond with the court for the full amount. If all appearances are made when required, the debt is dissolved and the bond company keeps the 10 percent.

Collateral

Collateral refers to the assets or property used to secure a bail loan. If the accused does not appear in court when ordered, it may result in forfeiture of the assets posted.

Bail Bond Surrender

When a co-signer has second thoughts they can request for a bail bond surrender. This means they no longer want to be financially responsible for the bail bond. A surrender happens because of financial strain and/or concern about asset forfeiture if the accused does not appear in court on the scheduled date.

Failure to Appear

A legal matter in the courts involves several phases. Some of these, particularly the trial, require the presence of the accused. Hearings and trial dates are publicized and notice is given when to appear in court. If they fail to appear, they may be considered to be violating a bail condition.

Bail Bondsman

Someone who will provide financial services to satisfy court demands in order to release individuals charged with a crime, before a trial. A bail bondsman is usually licensed by the states they operate in.

Fugitive

Someone who is actively avoiding capture by the police or other authorities after being charged with a crime. A fugitive is also someone who has been released but does not follow conditions and evades police and those contracted by the bond company to locate them.

Conclusion

If you or someone you know needs a reliable bail bond, it’s a good idea to learn some basic business vernacular so you’re not left in the dark. For a great bail bond service you can trust, contact the professionals at Troy’s Bail Bonds.

5 Reasons Why a Judge Might Deny Bail

A person charged with a criminal offence can often post bail or obtain a bail bond to get out of jail. However, some people are denied when they try to appeal for it. When this happens, the person remains in jail and must wait there until the next hearing, where they can try to appeal again. It is up to the judge whether they allow a person to post bail, but why might a judge deny it? This blog will go over five reasons why a judge would forbid someone from obtaining bail.

The Person is a Repeat Offender

Judges have little sympathy for repeat offenders who are on parole or probation for a prior offence; this is because they have violated the agreement and abused their freedom by committing yet another crime. Repeat violations tell the judge that the person has not learned their lesson and doesn’t understand what it means to be held accountable for their actions. It breaks trust because it makes the judge think that they will go back out into society to cause more harm and commit more offences.

The Person is a Flight Risk

A person will be denied bail if they are deemed a “flight risk.” This means that the person has a history of missing court dates, skipping bail, or running away to avoid prosecution. If it’s too risky, a judge will likely deny bail in order to keep them in jail and prevent them from fleeing and avoiding punishment. If a judge grants bail, they give their trust. If one cannot be trusted to stay in the area and show up to trial, they will not be granted bail.

The Person is a Non-US Citizen

Non-US citizens are not granted bail. If a person is thought to be in the U.S. illegally without the proper documentation, they will be denied bail and retained with ICE (Immigration and Customs Enforcement). If the crime was severe, the person may be deported back to their home country.

The Person is a Threat to the Public

A person will not be granted bail if they are deemed to be a threat to themselves or others. A judge’s goal is to protect the general populace, so repeat offenders, terrorists, mass shooters, and murderers are denied bail to keep them away from others and prevent further crimes from occurring. If a person shows signs of instability, violence, or aggression towards others, a judge will want to keep them in prison. Bail is never given to someone who could put the lives and safety of others in jeopardy.

The Crime Was Severe

Criminals have a higher chance of getting bail if the crime they committed was less serious. Crimes like manslaughter, rape, armed robbery, and murder are considered severe, and are likely to result in life in prison or the death penalty, unless that person is otherwise proven innocent. In these cases, the judge will usually post an enormously high bail amount if the defendant isn’t likely going to be released, or deny bail altogether if there is strong evidence against the defendant.

Conclusion

For some, bail is not an option and they are forced to complete their full prison sentence. For others, bail is a viable method to get out of jail sooner than later. If you are eligible for bail, call Troy’s Bail Bonds for a free consultation! We have affordable, 24-hour bail bonds whenever you need it. We’re here to help you or a loved one get out of jail quick!

The Repercussions Surrounding Bail Forfeiture

While we have spoken plenty in the past about the rules and regulations surrounding bails including the situations that would call for one, we haven’t really taken the time to discuss what happens when you don’t hold up your end of the bargain.

This can be a bit of an uncomfortable topic to talk about, but we believe it’s important that our clients understand what happens when you fail to appear for your trial after being bailed out of jail. This is what’s called bail forfeiture, and it’s a serious offense when you don’t follow court orders.

The Bail Forfeiture Process

Once this happens, the judge will issue a bench warrant along with a determined forfeiture date that involves a forfeiture hearing. At this point and time, the defendant officially becomes a fugitive on the run, and it is up to the bail bondsman or whoever agreed to the terms of the bail bond, to find the defendant and return them to the court.

So long as they appear in court by the forfeiture date, then there is no bond forfeiture to speak of. On the other hand, if they do not appear, the entire bail amount will then be payable to the court.

Valid Reasons for Missing a Court Appearance

Of course, there are plenty of valid reasons why someone may miss their court date. Whether the defendant is out of town, they’re dealing with an emergency like a death in the family, or they never received the instructions regarding the appearance date, a defendant may have a legitimate reason for being truant. If this is the case, the court will more than likely end up canceling the forfeiture and decide on a new date instead.

How Things Go From Bad to Worse

However, if that same court ends up finding the defendant and they pose a flight risk, the defendant will be held in custody until their trial. It goes without saying that many cases involving bail forfeiture are due to nerves and anxieties being experienced by the defendant, but they may also be in contact with an attorney to assist them in the litigation process revolving around the amount in damages being requested by the bench warrant.

Along with the bail forfeiture, there are typically other charges and possibly even fines bundled with a failure to appear in court, the severity of which will depend on the original charges. For example, whether we’re talking about a misdemeanor or felony, whether the fugitive returns on their own accord or if they have been arrested.

Conclusion

As you can see from this article, bail forfeiture can have a huge impact on the outcome of a trial. Not only will this put the person associated with the bail process into financial risk, but the defendant can experience extra charges that result in additional jail time.

Take all of these aspects into strong consideration when you or the person acting on your behalf takes out a bail bond. So long as both sides hold up their end of the deal, then the entire process will be a smooth one!

Why You Should Contact a Bond Agent for a Free Bail Consultation

You may feel tempted to handle a bail situation yourself when it involves a friend or family member. Maybe you consider this a personal responsibility to the person in question. Regardless of the situation, there are many different advantages when deciding to hire a bail bond agent, and they include a range of financial and legal benefits. By taking these points into consideration, you may find that contacting a bond agent for a free bail consultation can make your life a lot easier!

Considering the Financial Benefits

When you decide to hire a bail bond agent, you will likely end up saving money. That’s because you will generally only be responsible for covering 10% of the bail amount while the agent covers the rest. On the other hand, when you decide not to use a bail bond service, you will end up having to pay the entire bail amount. That’s probably the easiest explanation for why you should go this route, especially when you’re dealing with a substantial cost.

This leads us to the next problem: if you decide to pay cash for a large bail amount, you may be required to liquidate your assets, refinance your mortgage, or be forced to make other difficult and complex financial decisions that can put you on the hook. With a bail bond agent, this whole process becomes a lot less stressful and complicated.

For those that even have enough money to post the entire bail amount, using cash to cover a large bail may raise suspicion from the powers that be as to where all that money came from. The courts could raise a red flag for a large sum of cash used to pay bail and an investigation into the source of the funds could take an extended period of time. This may wind up slowing down the process of getting the defendant released to an unspecified time.

The Important Legal Benefits

When you’re dealing with a perplexing case, it’s helpful to have someone you can rely on to guide you through the process, especially when the defendant is going through their first offense. A qualified bail bond agent will understand all the legal requirements needed to get your friend or family member out of jail and what to do following this event. It can also mean the difference of how long it will take for them to get released in the first place.

You can also feel comfortable knowing you’re working with someone who respects your privacy. Confidentiality can be crucial when someone you love is in jail. By handling the matter with honesty and discretion, you’ll feel that much more self-assured in the process.

While you may think it’s easier to simply handle the situation by yourself, hiring a professional bail bond agent offers up a wide multitude of advantages you can’t ignore. Plus, there are those out there willing to offer a free bail consultation so you don’t feel pressured into making a decision you may later regret. Life will quickly become significantly easier when you have a professional bail bond agent on your side!

How to Get Out of Jail Using Jail Bonds

So you’ve been arrested and placed in jail. This can be an incredibly stressful experience especially when the context surrounding the circumstances is taken into consideration. So now you may be asking yourself – how exactly do you get out of prison?

Generally speaking, this is done through the use of a jail bond, otherwise known as a prison bond. Basically, you are posting a “bail” amount whether that is through cash or a piece of property with an inherent cash value.

This is used as collateral in return for a promise to show up in court on your scheduled date. By doing so, you will get your bail money back. If you don’t, the court may issue an arrest warrant to put you back in jail. But what exactly is this process of setting bail, and how do you get out of this predicament to begin with?

How Bail is Set

Once you have been arrested, chances are you will want to know your bail amount right away. This can be a difficult process if you are not able to see a judge immediately, especially over the weekend. This can mean winding up in jail for a few days while things are sorted out.

However, for the most part, you’ll be expected to pay a certain fixed amount for more common crimes which typically isn’t an exuberant amount. The Eighth Amendment to the United States Constitution states that you cannot be held with an excessive bail amount.

This avoids the bail from being used as punishment or a bargaining chip for your freedom. As we mentioned above, this establishes that the bail is used to guarantee you will return to court when you’re ordered to do so. Depending on the crime committed, the bail amount must be reasonable enough to achieve that purpose. This may not always be the case, so you may be involved in a special hearing where you can request the bail amount be lowered due to your financial situation.

How to Post Bail

When you go to post bail, there are a few different ways to accomplish this. This includes: using a bondsman; posting cash for the full amount of the bond directly; using property (like a home or lot) with the court, or the judge can decide to let you go on O.R. (Own Recognizance).

That last option plays into the aforementioned special hearing where you may request a lowered bail amount. You may also have an opportunity to be released on O.R., which you should take. Typically, this only happens based on how integrated you are into the community. This includes having close family members who live there, residing there for a number of years, or having a small or nonexistent criminal history.

Conclusion

As we talked about, dealing with jail time can be incredibly taxing. When situations like this happen to you, it can be debilitating – especially if it means spending time away from your loved ones and your friends. When you’re facing jail time and need to post bond, you should strongly consider reaching out to a professional bondsman to guide you through the entire process.

Do you have any questions or thoughts regarding the jail bond process? Be sure to them in the comments section below!

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