A judge might release a suspect from jail if they can pay the bail amount. It’s common for defendants to hire a bail bondsman to help them post bond.
How It Works
Defendants have a right to bail in most states. During the arraignment (first court appearance), they will get their bail amount set. This is at the judge’s discretion based on the crime and the defendant’s character and history. A person can pay their bail or contact a bail bond agent from Luzerne County bail bonds to help them post the bail.
The bail bondsman usually charges a fee for this service and may require collateral. The person who signs for the bond is called an indemnitor, and they are responsible if the defendant misses any court dates or violates any of the bail bond conditions.
The judge will look at the accused’s finances and will ask if they think the person is likely to flee from the case. If the court decides they are a flight risk, they will not release the accused person on bail. The accused will have to stay in jail until the trial is over.
Collateral
Collateral is a type of guarantee that the bail bond agent can use in case the accused decides to hightail it out of dodge. This type of collateral is typically property like homes, cars, or even bank accounts and fine jewelry. The collateral must hold enough value and must not be subject to any mortgages or liens that could prevent the bonding company from being able to sell it if need be.
The bondsman will take a percentage, usually 10%, of the full bail amount and secure the rest with some form of collateral. The company will return the collateral if the accused makes all their court dates. However, if they skip out, the bondsman will use the collateral to pay bounty hunters to track them down and bring them back to face their charges. This process can often be lengthy and will require much of the accused’s personal information to be revealed to get them caught.
Requirements
The bail process is a financial arrangement where the court sets an amount of money that must be paid to be released from jail while they wait for their trial date. The court considers the crime committed, the person’s history, and the judge’s opinion of whether that person is a flight risk.
Once the bail is set, a defendant can contact a bondsman who will post the money to be released. The bondsman will require a percentage of the bail amount, typically 10 percent. The bondman will also ask for collateral to ensure the accused will appear for court appearances.
Some states have laws requiring a bail bondman to take a state-approved pre-licensing course. This course teaches them the basics of the bail bond industry and provides the necessary information to pass the state licensing exam. This is optional in all states but is recommended before starting the business.
Fees
Bail bondsmen charge a non-refundable fee for their service. The amount depends on each individual and can be negotiated. They will also ask for collateral, such as a house, car, or jewelry. It is important to remember that they risk losing the collateral if you do not show up to court. They will do all they can to ensure you make it to court, but this is not a guarantee.
If you can secure bail and attend all your court dates and appointments, you will be rewarded with your money back from the bond company. However, if you skip on purpose, the money and collateral put up will be forfeited to the courts by the bond company. This is why choosing a trusted and reliable bail bond agent is important. There are many scammers out there who will take advantage of innocent people, and it is important to be cautious.