The bond allows the arrested people to stay out of jail while awaiting trial. It can be paid by friends, family or the person accused of a crime. Actually, anyone can get bail from someone else.
Most people who do not want or can not get the money for the bail themselves seek the services of guarantors, who pay bail in exchange for a commission. The bond fee (bail bond, in English) is usually 10 percent of the total amount of the bond, although it may vary depending on the circumstances. A guarantor can help you understand your rights and can assist you with the bail process.
A Bail bond agency
There are two ways to pay the deposit:
- The defendant can pay the stipulated bond with his own funds or with money he has borrowed from family or friends.
- Or the defendant can use a bail bond agency to pay the bail in exchange for a commission and a guarantee, which is known as a bail bond. In exchange for this service, the person requesting the bail bond usually must guarantee the loan with some type of guarantee and pay the guarantor a non-refundable commission equivalent to approximately 10 percent of the total bail amount.
Before bail: arrest process
In the arrest process, the police must read aloud the legal rights of the accused, known as Miranda rights. After the arrest, the accused is transferred to jail and is “booked”, which is essentially an administrative procedure.
The bail process
Bail is a right protected by the Constitution of the United States. The bond consists of a “surety bond” (usually in the form of cash) that the court has to make sure that the person accused of a crime goes to appear before the court of justice when it is cited.
In the historic Miranda case against Arizona in 1966, the Supreme Court ruled that the police must inform the suspects of their legal rights before their arrest. These rights, which since then are known as “Miranda Rights”, consist of the following:
- You have the right to remain silent and refuse to answer the questions.
- Everything you say can be used against you in a court of law.
- You have the right to consult a lawyer before speaking with the police and having a lawyer present during the interrogation from now on and from now on.
- If you can not afford a lawyer, you will be assigned one before any questioning (if you wish).
- If you choose to answer the question at this time without the presence of a lawyer, you still have the right to stop answering at any time until you consult a lawyer.
Most people who are arrested have the opportunity to post bail. The bail payment allows the defendant to remain at liberty until trial. After the arrest and the signing process, the judge determines the amount of the bond, and the bail process begins within 48 hours. However, under certain circumstances and generally with the assistance of a professional guarantor, you can start in as little as one hour.
If the offense is relatively minor or if the judge considers that the defendant will not escape justice, he may be released “under a bail bond”, in which case bail is not required.
Determination of bail
The courts take into consideration several issues when deciding the amount of bail the defendant must pay to get out of jail. For certain crimes, the courts use a “bail schedule,” which consists of a list of offenses and the amount of bail that must be paid for such offenses. While they are widely used for most common crimes, bail lists do not cover all offenses; When a person is charged with a crime that is not covered by the court’s bond list, the judge will determine the amount of the bond to be paid. For example, if you are arrested for DUI (driving under the influence), the bail amount usually varies, but a DUI lawyer can help you through the entire process.
After the payment of the deposit
After payment of bail, the defendant is released but must appear before the court when summoned. When the defendant appears in court at the scheduled time, the bond that was paid is returned to the person who paid it.
The current bond law of the United States has its roots in English legislation of the seventeenth century. The Habeas Corpus law of 1679 ordered the authorities to release the prisoners with one or more guarantees or guarantees (money or something else of value). Ten years later, the Bill of Rights demanded that the courts order fair and affordable bail. The Eighth Amendment to the United States Constitution, which also protects defendants from excessive bail, was based on this English legislation.
In cases where the guarantor pays the bail, this is returned to the guarantor who in turn returns the guarantee to the defendant minus the commission charged for providing the bail bond. However, if the defendant does not appear in court, an arrest warrant is issued, and the court keeps the money. In addition, the defendant loses the pledge that he offered to guarantee the bond.
Common questions about bail
Is the bond the same in all states?
No. Bail varies from state to state, and even from county to county in some cases. To determine bond procedures in your state or county, you may want to contact a guarantor in your area.
How is the amount of the deposit determined?
In some cases, the judge decides when the defendant must pay; Although with common crimes, most courts use a list of bonds.
How long will I be able to go free?
He will be released as soon as bail is paid.
Can I pay the bail for myself (without a guarantor)?
Yes, the bond can be paid without using a bond, in which case the bail money is returned when the defendant appears before the court at the scheduled time. If the defendant is unable or unwilling to pay the bail amount with his own funds, he can obtain a bail bond, which typically includes a non-refundable commission of 10 percent; said commission varies according to the guarantor.
Your rights with regard to bail
Barring the cases in which it is determined according to a fixed list, the bond is at the discretion of the judge. However, the Eighth Amendment prohibits courts from imposing “excessive bail”. To learn more about your rights and the bail process, contact a guarantor in your area today.