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If you are arrested for a crime, the judge will usually set what is called "bail." Bail is sometimes set, per a schedule,
immediately after you are booked for a crime. For more serious crimes, bail may not be set until your arraignment,
which is the court date where the charges are read against you and you enter your plea. Bail is the amount of
money you are required to pay in order to be able to leave jail during the period between your arraignment and trial.
In some cases the judge may deny you any bail, meaning that you will have to stay in jail to await your criminal
trial. For example, individuals who commit particularly reprehensible crimes or who are considered to be a high
flight risk may be denied bail. In most situations, you are not required to pay the full bail amount, but are instead
allowed to post a portion of it, as a "bond." The bond is your promise that you will show up for all required court
appearances. There are many different ways in which bond can be posted. The following is a primer on some of
those ways.
•
A Note About Bail Agents
•
Cash Bonds
•
Federal Bonds
•
Immigration Bonds
•
Property Bonds
•
Surety Bonds
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Questions about Bail
A Note About Bail Agents
* Bail agents are a unique participant in criminal proceedings.
Bail agents generally must have a special license to supply
bail bonds and, in some cases, must also carry special
insurance policies on their business.
* A bail agent's duty is to assist a criminally accused party and
their friends and family in attempting to obtain the release of
the accused party. A bail agent must also assure the accused
party's attendance at any subsequent court appearances.
* Once a release is obtained, the bail agent should verify that
the accused individual has actually attended all necessary
court proceedings. If the accused fails to appear, the bail
agent should try to help locate and return him or her for trial.
To accomplish this, a bail agent may hire a bounty hunter to
locate the accused party.
* A bail agent may need to be present in court, if required or
requested, in order to provide information on the bail bond.
Cash Bonds
* How does a cash bond work? A cash bond requires the full
bail amount and is not financed through a bail agent. The
court will hold onto the full bail amount until your criminal
case is concluded. At that point, the bail is returned to you.
* Who can post a cash bond? You, your family, or your friends
can post a cash bond.
* What happens if I fail to appear in court? The full bail
amount will be forfeited to the court if you fail to appear for
your trial. The court will then issue a warrant for your arrest.
* Are there special requirements? If you have been arrested
on charges of drug trafficking, you must prove that your bail
money is coming from non-drug revenue sources before the
court will accept it.
Federal Bonds
* When is a federal bond used? A federal bond is required for
crimes being tried in federal U.S. district courts.
* How much is a federal bond? There is no set schedule, or
limit, on the amount of bail that may be set for a federal crime.
Therefore, the amount of your federal bond will depend on the
facts of your particular case and the attitude of the judge who
sets your bail.
* How does a federal bond work? A federal bond works like
any other type of bail bond and serves to guarantee that you'll
appear at all required court proceedings.
* Who can provide a federal bond? Unlike a cash bond, a bail
agent may provide a federal bond.
* What happens if I fail to appear in court? If you fail to
appear at any scheduled court proceeding where your
presence is required, your bond will be forfeited to the federal
court.
Immigration Bonds
* When is an immigration bond used? Immigration bonds are
used solely in cases involving immigration issues.
* Who receives an immigration bond? An immigration bond is
posted with the U.S. Immigration and Naturalization Service,
instead of with a traditional court.
* Who can provide an immigration bond? Not every bail agent
can provide an immigration bond. Immigration bonds can only
be provided by bail agents who carry a special insurance
license.
* What happens if I fail to appear in court? As with "regular"
bonds, if a person who has posted an immigration bond fails
to appear in court, the bond will be immediately forfeited to
the court.
Property Bonds
* What is a property bond? A property bond is a bond that
posts the value of tangible property, such as real estate, in
order to obtain a pre-trial release from jail. In some cases, the
value of the property may need to be twice as high as the bail
amount in order for a property bond to be accepted. A
property bond is not allowed in every state.
* How is a property bond obtained? A property bond may be
obtained from a bail agent. Depending on the law of the
particular state, a court-appointed appraiser may need to
asses the value of the property being used to post the bond.
In other states, the value of the property as declared on tax
documents may be considered adequate proof of its worth.
* What happens if more than one person owns the property?
If the warranty deed or tax statement relating to the property
indicates that there is more than one owner, then each owner
must sign an agreement indicating that the property may be
used to finance a bond.
* What happens if I fail to appear in court? When a property
bond is issued, the court secures a lien against the property
for the amount of the bail. If you fail to appear in court, a
foreclosure action may be brought against the property. The
court may then, after the foreclosure proceeding, collect on
the bail amount that is owed. The court may also seek to
recover, from the accused, the difference between any
amount received in the foreclosure sale and the amount of
the bail that was secured by the property.
Surety Bonds
* What is a surety bond? A surety bond is, in essence, a
series of contracts with a bail agent for the total bail amount.
* How does a bail agent decide if I can have a surety bond?
Bail agents are allowed to interview both the accused person
and the guarantor of the bond so that they may make a
determination as to whether the accused is likely to show up
for court appearances. Depending on the opinion of the bail
agent, the contracts for the surety bond can also contain
conditions, such as the requirement that the accused obtain
treatment or counseling once the release is secured. In this
way, the bail agent can assume an important role in the
accused's life.
* How is a surety bond written? A surety bond is usually
written for a premium percentage of the full bail amount.
Collateral provided by the guarantor of the bond is then used
to secure the remaining amount.
* What happens if I fail to appear in court? With a surety
bond, the bond agent becomes liable to the court for the full
bail amount in the event the accused fails to appear in court.
Hence, the need for the bail agent to interview the accused
and develop an opinion as to his or her flight risk.
* How does a bail agent guarantee a surety bond? Bail
agents generally use the assets and property of their
business to guarantee the surety bond to the court.
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