- The Bail Process
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The Complicated Bail Process
The bail process isn’t exactly the simplest part of the justice system. If you think it’s just a matter of offering the court your credit card and walking away – think again. There are five options usually available to a criminal defendant in order to post the bail that the court has imposed. Those options include cash bail, surety bond, property bond, released on own recognizance, or Citation
Cash Bail
The defendant deposits cash with the court. When the defendant shows up for court, the cash is returned. If the defendant fails to show up, the court keeps the entire amount.
Surety Bond
Otherwise known as “bail bond”, this is when a defendant contacts a bondman who posts the bail bond to the court on behalf of the defendant. In return for accepting this risk, the defendant pays the bondsman a premium of typically 10% of the bail amount.
Property Bond
In many jurisdictions, defendants can issue the court a lien on property owned by the defendant in order to secure the bail amount. If the defendant fails to show up for court, the court will foreclose on the property. The defendant can only post Property Bond if there’s enough equity on the property to cover the bail amount.
Own Recognizance
This is when someone, usually a deputy or jail staff, will interview the defendant and recommend to the court that the defendant should be released on their own recognizance. This is typically done for first-time offenders who pose no risk.
Citation Release
When a defendant is immediately arrested, for lesser offenses the officer may issue a citation that informs the defendant to appear in court on a specific date. In this case no bail is required.
If you’re having trouble following along with how the bail process works, you’re not alone. This is precisely why the Bondsman career was born.