Bail Bonds Lawyers

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What Is a Bail Bond?

Bail is the process of providing money to get out of jail after an arrest. When you receive bail, you are under the order of the court to reappear at a later time for trial. Depending on the severity of the crime, and the amount of bail assessed by the court, many people contact a bail bondsman in order to obtain release. A bondsman provides the majority of the bail, and will usually charge a fee anywhere between 10-15% of the actual bail.

When Is Bail Granted?
Bail may be granted based on the nature of the crime. Some minor offenses require only that bail be based on a standardized scheduling system, while more severe crimes require the defendant to appear in court for arraignment.

Can Bail be Withheld?
The right of due process protects you in several ways during an arrest. In addition to providing you with the right to an attorney and a jury trial, due process also allows for a reasonable bail to be set to secure your release until the court appearance. Bail may be withheld in cases where the punishment may be the death penalty or life without parole. If an individual's release poses a threat to society, you may also be denied bail. Still, in other cases, the bail could be set so high, that it is impossible to come up with the money.

Are there Conditions for Bail?
Bail conditions can vary depending on the type of bail, the restrictions of the court, and the bail bond agreement. One necessary condition of bail is the obligation to appear at any and all court appearances and trial dates. Bail for release, appeal procedures, and parole applications can limit your travel to within a certain area. The bondsman also has the right to restrict your behavior as a condition of bail, which could include drug and alcohol tests. These conditions, if violated, can result in the violator being put back into jail.

What is Bail Bond Forfeiture?
Bail bond forfeiture occurs when court appearances are missed by an accused individual who was under a bail agreement. Once a person misses the court date, a bench warrant for his arrest may be issued by the court. The court also at this point sets a forfeiture date, by which the charged individual must be located or the bail amount must be paid. If the accused party has not been located or hasn't turned themselves in, the bondsman pays the court the remainder of the bail. It then becomes their responsibility to find the charged individual and recover the bail money.

Should I Consult a Criminal Defense Attorney with my Bail Questions?
Bail is complicated for those not familiar with the process, and in addition, can impose heavy penalties when not handled correctly. If you are having issues related with bail in a criminal proceeding, it is extremely helpful to seek the advice of a criminal defense attorney.

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Last Modified: 11-19-2013 10:35 AM PST

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