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How Do Bail Bonds Work?

Bail bond money next to gavel and handcuffs

Bail bonds are used to get someone out of jail, but what do they actually do? Many people think that bail bond agents can get anyone out of jail, but the truth is that the bail system has rules and regulations that limit the power of bondsmen. If you’ve never gotten bail before, you may be wondering how it works—this article will explain the bail bond process in more detail, so you know what to expect when your loved one gets arrested and needs someone on their side in order to be released from jail.

What Are Bail Bonds?

Bail bonds are a type of surety bond that people buy in order to release someone from jail. They are typically bought by the person who wants to be released by their family members. The bail bond is paid upfront by a bail bondsman, and then the person goes through all the legal steps of getting out of jail, including going before a judge. If they don’t show up for Court, they forfeit the money they paid for the bail bond.

What Is the Bail Bond Process?

The bail bond process starts when an individual or family contacts a bail bond agent. The bondsman will then assess the situation and offer to post bail for the person in need. This is done by paying 10% of the total bond up-front. To guarantee the remainder of the bail bond amount, the bondsman may put up collateral. He’ll also require the defendant to sign an agreement which states that they must return on their appointed date. If they don’t show up, it’s usually considered a probation violation and leads to harsher penalties.

Who Has the Right to Bail?

Any person who is at least 18 years of age and not a felon, convicted of a crime punishable by imprisonment for more than one year, or committed to the Department of Corrections may post bail. A person with the right to bail can pay it in full or partially. If they don’t have the money to post a bond, they can request that someone else do so on their behalf. If someone posts bail for them, they are responsible if the defendant violates their release conditions. The Court will also charge a 10% fee (non-refundable) to defendants that use this method of getting out on bond, whereas defendants that post bond themselves will only be charged an 8% fee (non-refundable).

What Happens if I Forfeit Bail?

If you forfeit bail, the Court will issue an order requiring you to pay the total amount of bail owed to the Court. A bench warrant for your arrest will be issued by the judge if you fail to pay. You may also be charged with a misdemeanor crime for failing to obey a court order. If you are arrested on this charge and taken before a judge without first appearing in front of a commissioner, they may sentence you to up to six months in jail (in addition to any other sentence imposed). In certain circumstances, such as when there is evidence that someone is fleeing justice, the Court can hold someone who forfeits bail without any trial.

Are There Alternatives to a Bail Bond?

Bail bonds are one of the most common ways to get out of jail. But, depending on the amount of bail required, it can be a lot of money. It is essential to find an alternative if you don’t have that much cash. If you want to keep your savings intact and avoid using credit cards:

  1. Find someone who will pay your bail for you.
  2. Ask friends or family members for help in case they’re willing and able to do so. You could also post a bond with property or other collateral such as stocks, cars, boats, houses, etc.
  3. Talk to your lawyer about what alternatives may work best for you and your situation.

Bail bonds are a great way to ensure that people accused of crimes show up for their court dates. They are also a valuable tool in helping defendants prove their innocence or reduce the severity of their sentence, should they be found guilty. A bail bond is not an appropriate course of action for everyone, but it may be an effective solution when all other methods have failed. If you’re considering using this service, give us a call, and we’ll work with you to create a custom plan for your individual needs!

Reach out to us today at Heidari Law Group for a free case evaluation.

***Disclaimer: This webpage has been crafted by Heidari Law Group solely for educational purposes. The content of this article aims to offer a broad comprehension of the law and does not constitute specific legal advice. By accessing this site and perusing its contents, no attorney-client relationship is established between you and any member of Heidari Law. Additionally, it’s important to note that the legal landscape is subject to continuous change, rendering some of the information provided herein potentially outdated or no longer applicable.

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Sam Heidari

Sam Ryan Heidari

Sam Heidari is the founding principal of Heidari Law Group, a law firm specializing in personal injury, wrongful death, and employment law with offices in California and Nevada. Sam Heidari has been practicing law for over 11 years and handles a wide range of cases including car accidents, wrongful death, employment discrimination, and product liability. The Heidari Law Group legal firm is known for its comprehensive approach, handling cases from initial consultation through to final judgment. Sam Heidari is dedicated to community involvement and advocacy for civil liberties.

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