Understanding how bail works is crucial for accused individuals in the criminal justice system. It is an important aspect that should be considered. If they comply with their bail conditions and attend every court date, they can return home as soon as their case is done.
However, if they skip bail or commit additional crimes, they could risk losing their collateral. To avoid these consequences, here’s everything you need to know about the bail bond process:
Defendant’s Arrest
Accused individuals may be released on recognizance or subject to personal bond or property bail requirements. In the case of a property bond, a defendant pledges real estate or another item of value that the courts could seize if they fail to appear in court as scheduled.
During a detention hearing, a judge will assess the case’s facts and determine whether to release the defendant on bail or detain them in jail. The prosecutor must prove that the defendant is a flight risk or threatens the community before they can be denied pretrial release.
Most defendants don’t have the money to post their full bail amount at the court. That’s where Dauphin County bail bonds come in. The defendant pays a fee to the agency and puts up collateral that will cover the total bond amount.
Court Dates
During the initial appearance, the defendant will receive information about their rights and the charges against them. The judge will set their bail and appoint an attorney if necessary.
The defendant can post cash or credit card bail to avoid being transferred back to jail. The judge will also set any conditions of release (e.g., promise to return for future hearings and trial, not contact victims or witnesses) at this time.
If the defendant or their indemnitor (the person who pays the bail agent or pledges collateral) does not show up for any court dates, the bond will be forfeited to the court, and they will be returned to jail. This process is called “forfeiture.” The court will provide exoneration paperwork for the insurer within 45 days.
Bail Amount
Bail is a constitutional right for all people accused of a crime. Bail is set during the arraignment to incentivize defendants to attend court dates. However, different factors determine how much money must be paid as bail.
The judge will examine the severity of the charges and the defendant’s criminal history when setting bail. It’s worth noting that there are four distinct forms of bail: cash, property, surety bond, and personal recognizance. When the defendant appears for all their scheduled court dates, the bail will be exonerated and returned to them. If the accused fails to show up in court, the bail bondsman will be held accountable for the entire bail amount and may also have to enlist the services of a bounty hunter.
Bail Bond
Many defendants need to get bailed out of jail as soon as possible to keep their jobs, take care of children and prepare for court proceedings with a clear head. Defendants may be required to pay the full amount of bail, or, in more common cases, they can hire a bondman who will post a surety bond on their behalf.
The person posting the bond (an indemnitor) will sign paperwork indicating they agree to be responsible for the defendant showing up for all scheduled court dates. They will also pledge collateral, such as a house or car. The judge will consider all of this during a bail hearing. Defendants must obey all conditions of release, including not leaving the state.
Conditions of Release
In a basic type of release, a bail bond agent will pay the court the full bail amount as long as the accused defendant returns to all their scheduled court dates. If they do not return, the money will be paid, and the courts will take any collateral that was put up. This is why it’s so essential for the accused to follow all of the bail bond conditions.
If the judge determines the person is a flight risk, they may add other conditions to their release. For example, they may be required to report to a program or be placed on electronic monitoring. If the person complies with their release conditions, their bond will be exonerated, and they will get their collateral back promptly.