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Bail Bonds Basics

Do you find yourself needing to understand more about the bail bonds system in order to better help yourself or a loved one? Understanding how bail bonds work and how the amount is determined can help you in the decision making process. Keep reading to learn more about the basics of bail bonds in order to make the right choice for your specific bail bond needs.

*Note: If you’d first like to know more about what bail bonds are, you can find that information on our blog here.

Coins next to a gavel and bail bond sign.
Coins next to a gavel and bail bond sign.

How do Bail Bonds Work?

Before the actual trial date, an individual who has been charged with a crime will be given a bail hearing with a judge. This is the time where the bail amount is set or denied altogether. Once bail has been set, the defendant is given the options of either staying in jail until the end of the trial, arranging a bail bond, or paying the bail amount in full. A bail bondsman gives a written agreement to the courts to pay the bail in full in the event of the defendant not showing on their court date. Generally, the bondsman will charge 10% of the bail amount up front and will accept most property of value as collateral.

How is the Amount Determined?

During the bail hearing, the amount is determined by the judge presiding over the hearing. The primary factors which contribute to how much an individual will have to pay are the severity of the crime as well as the person’s criminal history. There are also secondary factors to determine the amount which includes the defendants’ personal background and any ties to their community. 

Concept of money next to a gavel.
Concept of money next to a gavel.

What are the Disadvantages?

There are some disadvantages to the bail bonds system in that many, including those in the legal profession, find it to be discriminatory against lower-income individuals. Because these defendants are given the ultimatum of either staying in jail or finding some way to get a 10% cash fee for the bondsman, many are arguing for the bail bonds system to be eliminated entirely.

Conclusions Whether you’re looking to better understand how bail bonds work or you’ve been wondering what the major factors in determining bail are, you should work with a bail bondsman you can trust. At Troy’s Bail Bonds our team will work diligently to provide you with a bail bond you can afford, as well as excellent customer service to help answer any and all of your questions during this stressful time.

Demystifying Bail Amounts

While experiencing the need to post bail might not be a common occurrence for most, you’ve more than likely been exposed to the concept. With bail’s infamy in most forms of popular media, there can be a few ill and pre-conceived notions about both the bail’s amount and its terms.

Contrary to popular belief, a considerable amount of thought and consideration goes into not just the amount of bail, but whether or not it is even awarded at all! Fortunately, we plan to go over and dispel three of the most common misconceptions we hear on a regular basis!

Everyone is Given a Chance to Post Bail

posting bail is a privilege, not a right and can be deniedThis is FALSE! Fact of the matter is, posting bail is a privilege, not a right and can be denied to certain individuals based on a variety of different variables. The first of these being the severity of any committed crimes. Those accused of a serious crime like murder or sexual assault might not receive a chance to post bail. Contrarily, those tied to a lower level crime like petty theft or breaking and entering would more than likely be given that opportunity.

Explaining the practice in a more universally understood way, Alen Ghouliance from Ezine explains

“Bail is an assurance to the court that the person awarded bail will return for any and all court dates.”

In his simplification, Alen establishes that paying the amount is used as an incentive for convincing the accused to show up to court. Should he or she miss any court dates, the money paid is forfeited. With that in mind, there’s one more natural variable we can assume is taken into account when awarding bail.

Attendance is just as important now as it was back in your high school days! Your expectancy to attend each and every one of your court dates is also very closely considered when determining whether or not you’re eligible for bail.

Everyone’s Conditions are the Same

not being able to leave the state you were accused in is a very commonly seen condition of releaseBail doesn’t take a “one size fits all” approach when dealing with diverse cases. When posting bail, judges have to take particular details of the case into account. That being said, the nature and severity of your accused or committed crimes are heavily considered. Based on these considerations, some special conditions and contingencies can be placed on your bail.

For example, if you find yourself incarcerated for physically harming someone, a special condition of your bail could forbid you from making contact with your alleged victim. Another very common contingency can include restricting your travel. As a matter of fact, not being able to leave the state you were accused in is a very commonly seen condition of release.

Bail Amount is the Same in Most Cases

A lot of thought and consideration goes into determining how much a bail amount is set forNow onto the dimension of bail everyone cares about: the price! Tv shows, literature, and other forms of popular media would have you believe that every bail amount is exorbitantly high and grants no prejudice towards what kind of crime was committed. Again, this is a very ill-informed misconception!

A lot of intensive thought and consideration goes into determining just how much a bail amount is set for. In fact, according to Micah Schwartzbach, an attorney and writer for Nolo, an algorithm is used to fabricate a bail amount befitting both the accused party and his or her alleged crimes. This algorithm takes a surprising amount of different variables into consideration including age, current charges, criminal history, and even record of failing to appear in court.

Conclusion

Bail is far from a generic and all-encompassing term. While many are blind to the work and effort that goes into determining a bail’s amount and conditions, there is no denying that a considerable amount of thought goes into its fabrication!

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