So, you are sitting in jail and want to go home until your court hearing. What do you do now? How do you go about arranging bail? Who do you call and what needs to be done? These are all questions that must be answered if you intend to post bail and possibly go home and wait until your trial. Hopefully, this article will shed some light on the bail bond process and let you know what to expect if you ever find yourself in this unfortunate situation. You Contact a Bail Bond Company The first step is to contact a company that can post your bail. Chances are you will not have the amount of money that is required by the court for bail so you will have to get the rest from a credible bail bondsman. Since you are sitting in jail, your lawyer, family member or …show more content…
Generally the amount that is paid is around ten percent of the bail amount set by the court. This amount is not an amount that is set by the bailsman. This amount is set by the state. Although, this is usually an amount that is more than the average person can pay, many times the bail company might have different payment plans to choose from. The Paperwork is Signed When you purchase a bail bond, you will be required to sign a few forms such as the Bail Bond Agreement and a Notice to the Indemnitor. The first form basically is an agreement between the bail company and person paying the fees saying that they are both responsible for making sure that the defendant will show up for court. The last form is signed by the bail signer that indicates that they know that they are responsible for getting the defendant to court. Bail is Posted Once the paperwork is signed and the fees are paid, your bail will be posted in a matter of a few hours. The bailsman will bring the money to wherever you are being detained and you will be released until your court
The suspect usually receives bail, but in this case I believe that an arraignment will come first due to the legal status of the defendant.
The next step in the system is initial appearance. Here they are given formal notice of the charges against them and advised of their rights.(Bohm & Haley, 2008, p. 13) The movie included this in their depiction of the criminal justice system. In the movie they called it the arraignment. The arraignment is where the defendant either pleads guilty or not guilty. During this stage the bail is also set which was also done in the movie. In the movie the set the preliminary hearing for the next morning in which the witnesses testified to what they saw and heard. This allows the judge to decide if there is probable cause to make and indictment. Based upon the information we have learned it seems that the arraignment should have happened after the preliminary hearing and that the
The United States Pretrial Services is a Federal Judicial System. This system provides more information about defendants in a small timely matter, to assist the court in making release and detention decisions. The Federal Bail Reform Act of 1966 was primarily focused in making this decision fairer and rational on the release of defendants on the least and restrictive conditions that would assure the defendants appearance at trial when required. The Bail Reform Act eliminates the courts reliance on money as the sole purposed of pretrial release. The release and detention must be base sole based in nonappearance or danger risk. Therefore, the United States Pretrial Services as intended by Congress, provides judicial officers with verified and
It’s at this time a bail application may be considered. Bail in the criminal justice system is also heavily influenced by discretion. First and foremost, discretion allows the assessment of a defendant’s suitability for bail on a case-by-case basis. R v William Edward Hamilton (2013), for example, where the suspect was granted bail on the account he had no record of previous contact with the law and was granted bail on the judge’s belief that he did not present a threat to community welfare. The use of discretion is also important in preventing individuals having to undergo arbitrary detention, such as the case of BDU v The State of Western Australia (2011); due to the six-month waiting period for the suspects trial, the judge deemed it to be a breach of the suspects rights to remain in remand for this period time as it wasn’t deemed likely for him to commit any offences during this
The process of bailing someone out of jail refers to the amount of money paid to the court to release the prisoner. Once the prisoner is released, the bail helps to ensure that the defendant shows up for their court date. A prisoner who doesn't show up for court can cause the bail to be forfeited. Often, defendants will show up for court because they don't want their loved ones to lose their money. Bail varies depending on the crime, the defendant's
After you have been arrested, you are then taken in to booking at the police or sheriff’s department. This means that the police simply put you into their system. Once there, you have to give them your basic information, give fingerprints and a mugshot, go through
Bail is often seen as a good thing, to allow those who are presumably innocent their freedom, until proven otherwise. But bail does have its downsides. Often those who are committing crimes, commit the crimes because they are hurting for money, so they have no money to put forth for a bond. Another reason bail is sometimes controversial is because it the judge’s discretion, whether someone should even be offered, bail depending on a
Once an arrest has been made you will be given a bond hearing in front of a magistrate or municipal judge within 48 hours. However, with the exception of Burglary First Degree, if the offense is punishable by life in prison, your bond hearing must be held in General Sessions Court in front of a circuit court judge. If you are aware that you are under investigation and contact a lawyer before the warrant is served, it is possible to arrange for you to turn yourself in at a particular time and/or place in order to minimize your time in jail.
When a person is held for trial, they are often given the opportunity to post bail. Basically, bail is a financial incentive, supplied by the accused, to ensure that they will appear in court on their appointed date. For example, a person accused of a robbery might be required to pay $25,000 to the court in bail. When they show up at trial, this money is refunded. If they don't show up, that money is forfeit.
Bail/Detention: The defendant is given no bail due to the severity of the crime and will remain in custody of the state until his trial date on July 10th.
The suspects remain there until they appear before a judge, or they post a jail bail bond. Bail Money Bail Bonds provides insured bail bonds for people arrested throughout the state.
Bail bond is an insurance policy that gives a defendant incentive to show up for court appearances. If a defendant fails to show, that individual forfeits the collateral that was put up for their release. The Eighth Amendment forbids the use of excessive bail (U.S. Const. amend. VIII). This does not mean that every defendant will be eligible. For particularly dangerous offenses, bail can be denied for reasons of safety. If a defendant has been known to not show up for court proceedings, the judge may also deny bail for this reason. Even with the protection of the Eighth Amendment, many defendants, especially those of low-income, are unable to afford bail.
Being arrested for a crime is one of the most upsetting events that can happen. One minute, you are free, and the next you are taken away in handcuffs, separated from your house and loved ones, and imprisoned. You lose everything: your own clothing and personal belongings, your identification, and mostly, your freedom. Your feelings run the gamut from helpless and afraid to disoriented and confused.
Survice agreement bailments, whereby, an agreement is reached and performed by the bailee for the bailor for payment, are common in daily life. Sometimes we don’t even know we are involved with bailments, such parking your car in a garage that is monitored twenty-four hours a day. You as the bailor, giving your property to another person, (bailee) with understanding it
Most families cannot afford to cover the cost of bail for a loved one — that’s where Allied Bonding Company comes in. Their qualified bail agents have been serving clients in the Piedmont Triad and surrounding areas for more than 15 years.