That is how many people in the prisons of the United States have never been found guilty – they are still awaiting a trial.
The criminal justice system allows for the detention of people who are yet to be put on trial – and it sounds like a difficult situation. Fortunately, there is one way people can avoid pre-trial detention. The United States constitution allows for bail, getting some people out of pre-trial detention.
Why, then, are there so many people still in jail?
That is the catch – although bail is a possible way of getting out of jail before being sentenced, it is sky high – but worry not, there is still a way: bail bonding.
Before we dive into the mechanisms of bail bonding, it is essential to understand what bail is and the difference between bail and a bail bond.
Bail refers to the sum of money that a person must pay to get out of jail before being sentenced. The amount of money is variable – it depends on the charge. The more serious the charge, the higher the bail amount. A judge sets the amount for the bail according to their discretion. The bail money is returned once the trial is concluded, whether the defendant is found innocent or guilty.
However, if someone finds it unable to pay the bail the judge has set, they have one other option to get out of the jail – bail bonding. A bail bond is a type of surety bond a bail bond service would offer to the defendant. That bond would cover all the bail amount, and the bail bond agent assigned to the case would charge a small fee for their services. This is how bail is different from a bail bond, but they could be used interchangeably if the context is established.
A bail bond is generally of two types: a criminal bail bond and a civil bail bond. As the name suggests, a criminal bail bond mainly deals with criminal cases. The defendant will be released in exchange for bail posted by a bail bond agent, and the bail bond would act as a surety of the person appearing in the court for their trial. On the other hand, a civil bail bond is used to pay up the damages incurred in a civil case.
In criminal cases, the bail bondsman steps in after the judge sets a particular amount for bail. If the person cannot pay the amount, they look for a bail bond agency that operates in their area. The bail bond agency assesses the case and assigns a bail bonds agent. The bail bonds agent would require 10% of the total bail money as their service fee and post a bond in the court. The agent would also require you to name some of your assets as collateral but do not worry. The assets will only be taken from you if you do not appear for the trial. However, if the defendant does appear for the trial, nothing would be taken from them – all they would have paid during the whole situation would be the 10% service fee to the bail bond agent.
An example could better understand this. Suppose Peter has been arrested on some charge, and the judge has set his bail for $15,000. Unfortunately, Peter does not have $15,000 in hand right now. Peter can get a surety bail bond by hiring a bondsman who would charge around $1500, or 10% of the bail amount for their services.
Peter would not have to post the remaining $13,500 of the bail but must put value assets equal to that money as collateral. That could include the house, the car, or anything else that matches the value. If Peter does not appear in court for his trial, the bondsman will use the collateral to pay $13,500 to the court.
On the other hand, if Peter appears in court and the trial is concluded, regardless of whether Peter is found guilty or not, the remaining $13,500 would not be asked. The $1500 paid as a service fee would be all Peter would have to arrange for. However, if Peter does not fire a bondsman, he would arrange all $15,000 for bail.
Bail bonds are not a common practice worldwide, so it is a blessing that we live in a country where this type of assistance is found. The United States of America and the Philippines are the only countries in the world that allow for bail bonding. However, being in the United States is not enough. You should check your state’s laws because not all states allow bail bonding.
The United States capital itself, Washington D.C., does not allow for bail bonding. Other states that do not allow for bail bonding include Illinois, the north-eastern Massachusetts and Maine, and the midwestern states of Kentucky, Wisconsin, and Nebraska. In the west, Oregon does not have legal bail bonding either.
It is important to note that not all bail bonds are created equal. According to the type of charge, the bail or bond for the charge would vary. An important type of bail bond is a federal bail bond, given for federal or interstate crimes. Since federal crimes are more serious, bail is set far higher for such crimes. It guarantees that defended will appear on court dates.
Thus defendant is paying the bail to comply with all the pre-trial requirements, including drug testing for narcotic charges or restriction of travel.
The risk in a federal bond is great as there is a great chance the defendant fails to comply with the pre-trial restrictions placed on them, and therefore, the fees for a federal bail bond are generally higher.
Another important bail bond usually not highlighted much is an immigration bail bond. In the case of an immigration bail bond, the defendant will be freed only from prison but from an immigration detention center.
However, It is important to note that these bonds are uncommon because of the higher risk incurred on the bondsman if the immigrant flees instead of facing deportation or imprisonment. Therefore, immigration bail bonds are generally more expensive than surety bail bonds.
The third type of bond we have familiarized ourselves with throughout this post is the surety bail bond, which is the focus of this article.
When both bail and bail bonds involve putting up some property at risk, and when bail bonds cost some service fee, why is it better to take a bail bond instead of posting bail?
One big advantage of getting a bail bond instead of paying bail in cash is that you do not have to pay all the money in the bail bond. Sure, you must put some of your property as collateral, but you do not have to liquidate your assets and give them to the courts in cash.
This is very important if you are cash-strapped. Even if you have the money, being formally charged means you would have several other important uses for that m ney. The money you would use to post bail could be better served in finding a good lawyer who can argue your case.
Bail bonds are also good for people who are low on cash. The service fee you must pay is the only cash payment you make, but that is not necessarily an on-the-spot pay ent. Depending on your case and the charge leveled against you and your ability to pay. The service fee for obtaining the bail bond could be paid over some time in easy monthly installments. So do not worry if you are low on cash – do not let it come between your freedom!
Another important advantage of getting a bail bond is simply reducing the strain one would mentally feel in such a scenario. Being involved in legal proceedings is no joke.
Having charges leveled against yourself could be very taxing for your mental health. It could also be such a chore to arrange for the bail money when dealing with what has happened and process all of this.
Giving the reigns to a bail bonds agent frees you of immense mental stress and could allow you to catch your breath as you begin to brace the trial and the possibility of everything that could happen in that.
When you hire a bail bonds agent, you are not simply getting a bail bond! You are also getting the experience of a bail bonds agent as well.
Bail bondsmen are highly trained individuals who have studied law in its utmost de ail. They understand the legal system and are well trained to bond with bail.
It could be difficult to figure out the bail process by yourself but getting a bail bond saves you from the hassle of that as well – you are not only getting a bail bond, but you are also getting the expertise of the bondman.
He has a lot of expertise in securing your release in exchange for the bond. Couple that with the mental relief, and you do practically nothing and sit back during the process – your bail bonds agent does all the work!
It is also important to mention that you would not get all the money back in cash bail if your bail money is larger than $10 000. When the court returns you the money, that money is tax-deductible if it passes the threshold, which is usually $10 000. Therefore, the IRS will get involved, and a portion of your money would not be returned to you – it would go into taxes! If you choose cash bails, it is important to know you will not get all the money back.
Likewise, you would not get the money back instantly in cash bail. Although it takes mere minutes for the court to accept your bail money, giving it back requires a lot of time. Refund is often made in 3 months or more, and you must wait for a lot of time after the trial is over to get back your m ney.
Courts can get overburdened with cases, which inadvertently causes time for the refund to be processed. In contrast, you do not have to pay any money in a bail bond, so the refund time is an irrelevant worry for you.
When choosing between cash bail and a bail bond, the choice is rather simple to get bail bonds. They have a lot of advantages that just cannot be overlooked.
You do not have to pay money except for a service fee, and you are in no tension trying to figure out where to come up with enough money. You can pay the service fee in installments if it comes to that. You get a professional by your side to take you through the process, allowing you to relax mentally. The equation is simple!
Now that it is settled bail bonds are an ideal solution to pre-trial detention, the question arises: where to get them? Find the best bail bonds in Ohio state at JC Bail Bonds. We provide 24/7 bail bonds so that you can get our services at any time of the day. We are an economical option.
If you’re looking for the cheapest bail bonds you can get in Ohio, we are your com any! We hope we can serve you in your time of need. Please do not hesitate to contact us if you have any queries or want to hire a bondsman!