If you’re convicted of a crime, being charged and spending time in jail can be an unpleasant and frightening experience. Luckily, because you are legally innocent unless proven guilty, a judge may in many cases require you to be released before your hearing or trial is over. However, before you can be released from jail, the judge can require that you have some sort of assurance that you will return to face the charges against you. This security is called a Bail Bond, and it typically has to be returned to the court in the form of cash, properties, a signature bond, a secured bond by a security firm, or a mix of forms.Have a look at Bail Bonds Company to get more info on this.
Bail bonds are normally set during a formal bail hearing procedure. This is when the Judge meets with the accused (Defendant) and hears information as to whether or not bailing is appropriate. If certain types of bail bonds are considered, such as a secured bond or property bond, the judge will consider information on the financial resources of the defendant, and the sources of whatever property or funds are used as collateral for the bail bond. If anyone else posts bail for the Defendant, they are considered a Surety and their financial situation will also be taken into consideration.
If a Surety is involved in bail provision, he must be present with the Defendant at the bail hearing, and the Judge will inform both of them of their various obligations and duties. It is also important to remember that the bail may be withdrawn and forfeited if the defendant refuses to fulfill his obligations and appears for future trials and court dates, or if he breaches the terms of his release. So it is very important that the Surety trust the Defendant before posting bail.
Once the bail is set, it’s important to understand the different bail options. “Cash” bail may include cash but can usually be paid through certified checks, cashier’s checks or money orders as well. It is also important to retain the receipt they get for whoever posts the cash bail so that they can claim their refund after the bail terms have been met. Depending on the amount of cash bail, filling out tax forms such as IRS Form W-9 might also be mandatory for the Defendant or Surety.
Unlike cash bail, signature bonds mean a defendant need not post any funds or properties as security. The Offender typically only needs to sign the correct documents for the court clerk to be released. But to make sure the Defendant knows exactly what he must do so that his bail is not revoked, it is very important to pay careful attention to any terms or orders which the Judge has issued.