Getting arrested and then spending time in jail is without a doubt a frightening experience which typically happens when accused of a crime. The good thing is that, since you’re innocent until the time comes that you are proven guilty, then in most instances a judge might let you to be released until your trial or hearing. On the other hand, it isn’t that simple as the judge may also order you to provide some kind of guarantee that you would return to face the charges filed against you before you could be released from the custody.
This security is also referred to as bail bond and it needs to be turned over to the court in forms of property, signature bond, cash, secured bond through surety company or combination of forms.
Bail bonds usually are set during formal procedure which is then called as bail hearing. This is the time when judge meets the defendant or the person accused and hears info about whether it’s appropriate to set bail or not. If some other types of bail bonds are taken into account similar to property bond or secured bond, then the judge will need to take into mind of the info about the financial resources of the defendant as well as its sources of whatever funds or property would be used as collateral for bail bond. In the event that someone has posted bail for the dependant, then they will be deemed as surety and their financial situation would be reviewed too.
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Say that there’s a surety involved in bails, then he/she must show up at the bail hearing together with the defendant and the judge is going to inform the two about their responsibilities and obligations. If ever the defendant has failed to fulfill his/her responsibilities and appear for the scheduled hearings as well as court dates or if he/she has violated any conditions of the release, the bail may be forfeited and revoked, which is an important thing to take note of. For this reason, it is extremely important that the surety has great confidence in the defendant prior to posting bail.
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It is vital to have a thorough understanding of the different bail options as soon as the bail is set. Cash bail can sometimes include cash but it may be paid via certified checks, money orders or cashier’s checks. It’s important for whoever posting the cash bail to keep the receipt they’ve received so by that, they can collect their refund when the bail’s terms have been met.
Signature bonds on the other hand means that the defendant doesn’t have to post any property or funds as security because often, the defendant only have to sign proper forms for court clerk to be released.