Nobody anticipates getting arrested, but it happens. When it does, it can occur to someone who has never had any previous experiences with the judicial system. This is a time of anxiety and confusion. Depending on the situation, it could be possible pay bail and not spend any length of time in jail. To make this happen may require the services of a bail bondsman.
Function of Bail
When people get arrested, it’s important they realize that bail is not designed to be a fine or pre-trial punishment. The purpose of bail is to ensure the person accused of a crime returns to the court for legal proceedings. The laws that govern bail were adopted in the United States from English traditions and laws. Prior to the Constitution, a judiciary act in the 1700s granted a person the right bail in all non-capital cases.
Bail for a person charged with a capital offense is discretionary. An excessive bail amount disproportionate to the crime is not permitted under the Eighth Amendment of the U.S Constitution.
Bond Agent License
There are over 13,000 active bond agents in the United States. Most states require a bond agent to have a license. To obtain this license, a bond agent must have met certain educational requirements. This license enables potential bond agents to be appointed by a reputable insurance firm and write bail bonds. Many bond agents have arrangements with local court systems and pay a blanket bond. This makes it unnecessary for them to deposit property or cash with each time they have a new client.
When a person is charged with committing a crime, they may have to pay bail to be released from custody. The amount of bail will be determined by a judge based on the crime committed. A judge or a court officer will determine the conditions of the bail. In the case of severe crimes, bail may be denied.
Bond Agent Services
Once a person is given bail, they may not have the financial means to pay it on their own. This is a time when the services of a commercial bond agent can help secure a person’s release. The bond agent will pay a person’s bail amount to the court for a fee. This is non-refundable and can be up to 20 percent of the bond amount. If bail is set at $5,000, a person can expect to pay up to $1,000 for the services of a bond agent.
The bond agent’s fee can be paid by the defendant, their family or friends. Some bond agents will accept collateral to pay a bail. This collateral could be anything from securities to electronics, jewelry and more. When a bond agent posts bail, they will agree to pay the entire bail amount to the court if the defendant does not return when requested by the judge.
There are times when the bail that is set for an unreasonable amount. The person charged with a crime is unable to pay the bail under any circumstances. The arrested person can ask for a special hearing and ask a judge to lower the bail amount. A judge could take a person’s financial situation into consideration and lower the bail amount. This will then make it possible for a person to be released from jail.
John Keefe is an avid blogger and professional bail bondsman in Oklahoma City, OK (OKC). John is passionate about sharing information online through his blogs, on youtube, and provides bail bonds services in OKC to his local community while working with C&K OKC Bail Bonds.