What You Should Know About Bail Bonds

Being arrested and spending time in jail after being accused of a crime can be an uncomfortable and terrifying experience. Fortunately, because you are presumed innocent until proven guilty, a judge may grant you bail until your hearing or trial. Before you can be released from detention, the judge may want you to offer some form of guarantee that you will return to face the charges against you. A Bail Bond is a type of security that must be presented to the court in the form of cash, property, a signature bond, a secured bond through a surety firm, or a combination of forms. You may find more details about this at Gastonia Bail Bonds – Bail Bonds Gastonia NC
Bail bonds are normally set through a bail hearing, which is a formal procedure. This is when the Judge meets with the accused (Defendant) and gathers information to determine whether or not bail should be set. When considering some forms of bail bonds, such as a secured bond or a property bond, the Judge will take into account the Defendant’s financial resources as well as the origins of any property or monies that will be used as collateral for the bail bond. Anyone who posts bail for the Defendant is considered a Surety, and their financial position will be taken into account.
If a Surety is engaged in giving bail, he must attend the bail hearing with the Defendant, and the Judge will explain their different tasks and responsibilities to both of them. The Defendant’s bail may be revoked and forfeited if he fails to fulfil his responsibilities and attend for following hearings and court dates, or if he violates any conditions of his release. Before posting bail, it is critical that the Surety possess faith in the Defendant.
It is critical to understand the various bail choices once the bail has been set. Bail may be paid in cash, but it is most commonly paid in certified checks, cashier’s checks, or money orders. It is critical for anyone posts cash bail to maintain the receipt they receive so that they can claim their return once the bail conditions have been completed. Depending on the amount of cash bail, the Defendant or Surety may also be required to file tax paperwork such as IRS Form W-9.
Unlike cash bail, signature bonds do not require the defendant to post any money or property as collateral. To be released, the Defendant usually only needs to sign the appropriate documents for the court clerk. However, it is critical to pay great attention to any restrictions or instructions imposed by the Judge to ensure that the Defendant understands exactly what he must do to avoid having his bail revoked.
Bail bonds secured by Bail Bondsmen are known as Corporate Surety Bonds. Typically, the Defendant or Surety pays the bondsman 10% of the total bail amount, and the Defendant or Surety must have adequate financial assets to pay the remaining of the bond if the bail is revoked or if the Defendant fails to meet the bail conditions. Even if the criminal complies with all of his bail conditions, the 10% remains the bail bondsman’s property and is not returned to him.
Property bonds are sometimes accepted as collateral to secure a bond by a judge. The Defendant or Surety will usually be required to submit proof of ownership, as well as an appraisal of value and a list of any current claims or encumbrances against the property.
Bail may be released or returned if the requirements of bail have been met. It is crucial to note, however, that this does not occur automatically. To reclaim the cash or property securing the bond, the Surety, the Defendant, or the Defendant’s counsel will usually need to file a motion or take some other action. Always double-check the processes in your case to ensure that the required steps are taken to restore the bail to the rightful owner.