Categories of Bail Bonds

A bail bond is designed and framed by the Criminal or Traffic Department. Once the bail is posted, the prisoner is released into the custody of the indemnitor. Post the trial, the bail money is transferred back to the depositor, unless decided differently by the prevailing Jude. Thus, the concept of a bail bond agreement makes things a lot easier for a defendant. With more and more individuals, who are awaiting trial, opting for such agreements, various sorts of bail bonds have also been opened to them.

Categories of Bail Bonds

Kinds of Bail Bonds

The concept of bail bonds spans a rather vast area. With bail bond agreements gaining popularity and reliability with every passing day, it is relevant for defendants awaiting trial and their near ones to learn and understand the various branches of bail bonds. Cash bail refers to the amount of bail that is paid for the release of the defendant from imprisonment. The defendant is required to pay till the completion of the trial. This kind of bail is only granted for non-punishable offences. Next, the surety bail is paid by the indemnitor to ensure that the defendant will clear his debt to the respective investor or bank. If the defendant fails to pay, the guarantor will have to pay the principal debt with interest. Recognizable bail does not always require bail money. It simply refers to the promise made by a defendant to ensure his presence at every trial proceeding. When a signature bond is imposed on the defendant, it secures his future presence in court in lieu of money.

Merits of Availing a Bail Bond

Bail bonding, as a practice, has many practical uses in today’s world. These extend not only to the protection of the interests of the imprisoned defendant but also to the legal authorities for ensuring a just and fair trial. A bail bond arrangement is a relatively surer way to guarantee that the defendant, on being released, still stands by his given word and shows up at all his trial sessions as there is a lump sum amount of money at stake. The defendant is released from trial, allowing him a fair shot at resuming his routine day-to-day life until the court passes a final verdict on the case. It also prevents the defendant as well as the indemnitor, to a certain extent, to refrain from taking part in any illegal activity or conducting themselves in a manner that goes against the predefined “terms of release”.

Withdrawal of a Bail Bond

When a defendant contacts a bail bondsman, he is aided through the process of obtaining bail. He gets his usual life back for a small price, to be paid as a bail bond premium. However, what the individual must know that he or she cannot obtain freedom without any boundaries. Certain “terms of release”, as set by the court and the bail company, also come into play. In case the defendant defies any of theses conditions, the bail is revoked and he lands back in prison.

Withdrawal of a Bail Bond

Bail Cannot be Withdrawn for Owing the Bail Company Money

There are some specific situations by virtue of which bail can be withdrawn from favor of the defendant. Owing the bail bonds company money or lagging behind in complete payment of the premium des not fall under the category. The bail bonds company may, however, report the incident to the appropriate authorities for securing legal action in an attempt to get back their money. This falls under the purview

of a separate legal procedure, but this is not sufficient clause for revoking bail and sending the defendant back to prison.

Disadvantages of Bail Withdrawal

In case the contract drawn up for the specific bail bond is violated by the defendant, the court or the bail company can withdraw the bond. In such a scenario, the company is not obliged to provide the defendant with the bail. A new and distinct contract has to be drawn up by the defendant, possibly with another bail bonds company, to get the required bail again. In other words, a new bail bond premium enters the equation. This can prove to be a rather expensive and no doubt, long drawn process. Understanding the “terms of release” is extremely important to prevent avoidable mistakes from taking place. It is thus, always a good idea to have a thorough discussion with the bondsman prior to signing on the dotted line.

Problems in Acquiring a Fresh Bail

Once a defendant violates or fails to act according to the set terms and conditions of his release, the bail gets revoked and he has to apply once again for a fresh bail. However, this is not as easy as it seems. Apart from the issue of the procedure being pricey, it might also mean that the court may be hesitant in providing a new bail to the defendant. This is because his previous violation of a bail may bring his conduct and credibility under scrutiny. This results in a very ugly situation for the defendant, as he is stuck paying the bail fees and also, additionally, awaiting trial in prison. This defeats the entire purpose of securing the initial bail agreement. In case the court does allow a fresh bail, it is set at a much higher price

Bail Bond Essentials

The topic of bail bonds is not a very popularly discussed issue. Hence, the awareness regarding the concept of bail bonds is also very rarely found among the common crowd. Most people are completely ignorant about bail bonds, let alone the required formalities and factors involved in its scope. A bail bond is framed between 4 parties- the defendant, the indemnitor, the bail bonds company and the court. It is a legal contract between the legal enforcers and the defendant, ensuring that the suspect in question shows up at every one of his scheduled court hearings, once released on bail.

Injustice system court gavel hits person needing bail bond

Aspects and Requirements of a Bail Bond

The defendant is the cause as well as the prime factor of a bail bond arrangement. An indemnitor can be of two sorts- a self-indemnitor refers to the defendant’s ability to sign as a guarantor for his own bail, if permitted by the court. This option is granted when the bail bond company feels that the defendant is responsible enough to abide by legal rules and is financially sound enough. A distinct indemnitor, usually a friend or family member, is a person who is willing to be held responsible for the defendant’s actions upon release.

The bail bond company also charges a small fee, usually set at 10%, as a service fee, known as bail bond premium. A bail bondsman helps them obtain the required bail.

The first step is to obtain the needed financial resources for the bail. This includes both the sum required for the bail as well as for the bail bond premium. The next step is the long process of filling out all essential forms to provide the information needed by the bail bonds company. Usually, the bondsman needs to procure a larger body of information from the defendant in comparison with that obtained from the indemnitor, to enhance the security of the bail money and reduce the risk factors that may arise in case the defendant takes flight.

Collaterals are set as security against the bail bonds. These usually depend on factors such as credit, accountability, income and other social or legal issues as faced by the defendant or the indemnitor.