Troy's Bail Bonds

#1 Rated Bail Bondsman

Tag: law

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.

What to Do When the Police Come Knocking at Your Door

We have spoken in a previous blog post what you are supposed to do when a police officer stops you in order to search your vehicle. However, what are you supposed to do when they arrive at your door? In both scenarios, it’s vital that you understand your rights while not being intimidated by the mere presence of a police officer. By knowing what to do in this situation, you can protect yourself from experiencing an unwarranted home search.

The Need for a Warrant

Speaking of which, let’s talk about warrants for a moment because this is a very timely discussion worth having. It was only this past June that the Supreme Court ruled that law enforcement must obtain a warrant before they are able to demand user location information from cell phone companies.

This is just an example of how more and more people are starting to take privacy seriously in today’s digital age, but that sense of security certainly begins at home. By searching a person’s home without proper authorization, this constitutionally violated the homeowner’s rights with unprecedented power.

The Topic of Consent

The major exception to this rule is when a police officer is offered consent to a person’s home. Alongside that, if any illegal items are found to be in plain view, they can be seized as evidence against you, which can also lead to an arrest. So long as you don’t have anything that fits that description, you shouldn’t have to worry about this in the first place.

But let’s go back to that topic of consent. You should make it habit to check to see who exactly is at your door before you open it, whether that means looking through your peephole or out the nearby window.

If you find the police have visited you, you can either decide to take another exit to speak to them, have a chat behind your chain lock, or simply refuse to answer them (if you don’t require their help). The only time this will come back to bite you is if they have a warrant.

Find Out Why the Police Have Visited You

As we just talked about, you may feel intimidated being in the presence of the police. Of course, this could also be an entirely unwelcome situation for a variety of reasons. Be that as it may, you should treat them just like you would any other guest, and simply ask, “How may I help you?”

More often than not, this visit will have little to do with you or is a case you can easily handle, like an inquiry about a crime committed nearby. It could also be a noise complaint where you’re just told to keep it down a little.

Conclusion

Either way, always remember to be respectful and apologize for any inconvenience. If the officer asks to enter your home, remain calm and inform them they cannot enter without a search warrant. Make sure any friends or family members are aware of their right to refuse police entry.

We should note ahead of time that this article isn’t intended as legal advice. If you feel your rights have been violated at any step of the process, be sure to speak with a legal professional who will go over your case on your behalf. It is also recommended that any request to enter your home that doesn’t end up happening should also be referred to a lawyer.

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!

© 2020 Troy’s Bail Bonds

Theme by Anders NorenUp ↑