Many people associate the deposit with a specific amount in cash. The general idea is that if you have the money to pay the bail after you’ve been arrested, you can get out of jail. But the bail is often more complicated than that, especially when the bail is large.
Get bail back from the Bail Bond agent
When a defendant uses a bail agent to send the bail, the defendant must pay the trustee’s commission and may also have to deliver a guarantee or sign a security agreement. If the defendant respects the conditions of the bond, the bond agent will return the guarantee or release the bond created by the security agreement upon the conclusion of the case. However, the bail bond agent commission (from 10% to 15% of the total bail amount) is not returned regardless of the outcome. Learn more for bail bonds from our specialists at https://www.bondcliff.net/.
If a defendant who has used the services of a bond agent does not appear in court or violates the conditions of the bail, the agent can generally try to find the defendant, take him into custody and physically remit the accused in custody. Courts generally grant bond agents a grace period after a defendant breaches the terms of the bail. If the agent can refer the defendant to court within this grace period, usually the court will not require the agent to pay the full deposit.
As part of this process, the bail agent may employ bounty hunters, also called bail bond agents, to track and arrest the accused. Bounty hunters, such as bail agents, are not government employees or law enforcement officers. They do not have general arresting powers but can arrest a defendant who has used the bail agent’s services. This is because, as part of the contractual agreements entered into with the bail agent, defendants generally agree to allow the bond agent, or bounty hunter working for the agent, to enter their home, arrest them or undertake other actions that would generally be illegal. without the defendant’s consent.
Note that state laws on both bail agents and bounty hunters may differ significantly, and not all states include bail agents or bounty hunters.
In any state or jurisdiction, there may be a variety of bail types available. While some types of bail are not available in all states or situations, and some are employed more or less often than others, defendants can expect to encounter one of the following types of bail.
In many situations, the police will not release a detainee with a simple summons but will release the arrested person after booking if that person pays a cash bond. If the defendant does not have the money, someone else can pay the bail on behalf of the defendant.
The amount of the cash obligation is determined by the state or local bail program or by a court after a bail hearing. As long as the payer has enough money to cover the full amount of the debt, the defendant is released from police custody.
2. Personal Recognition or Personal Bond Recognition
Sometimes, a court issues a defendant in custody over his or her own recognition or personal recognition, also known as an OR or PR bond. The links of OR and PR are similar to a quote and a release, only that they take place after a court holds a bail hearing. If the court authorizes this type of bail, the accused will be released from custody on condition that he reappears in court at a later time and complies with any other conditions of bail imposed by the court.
3. Unsecured bond or Signature
An unsecured obligation, also known as the obligation to sign, applies after a court has held a hearing and imposes a deposit, but does not require the defendant to pay this amount to be released. This form of binding is similar to both an OR link and a release and a quote. Instead of paying money to be released, the defendant must sign an agreement stating that if he does not appear in court, as requested, he or she will be required to return the deposit.
4. Bonds or Real Estate Bonds
A guaranteed bond, or “property bond”, is a type of security in which the defendant grants the court a security interest in the property equal to the value of the total amount of the security. A security interest is a legal right to own or take a specific piece of property given by the owner of the property to the protected part.
For example, when you buy a car using a car loan, your lender gives you the money to buy the car. In exchange for that money, the creditor is given a security interest in the vehicle. You and the creditor agree that if you cannot repay the loan in accordance with the terms you have agreed upon, the creditor can get back the machine (the guarantee) and sell it to recover the money you still owe. The same is true when a bank forecloses a home when the homeowner fails to pay the mortgage. Both are forms of security interests.
Thus, with a secured property title, the defendant or some other bondholder gives a security interest in a particular piece of property to the court as a form of security. If the defendant no longer shows up in court, the court can seize the property used as collateral to recover the unpaid deposit.
5. A security bond or security deposit
Security is a form of security provided by a security agent on behalf of the defendant. Bail agents, also known as bondholders, are people who pay the bonds on behalf of criminal defendants. When defendants use a bail agent, they pay a commission to the agent and the agent acts as a guarantor, telling the court that (the bond agents) will pay the full amount of the debt if the defendant does not show up the court.
Bail agents make money by collecting a fee from those who want to be saved. Generally, this commission is between 10% and 15% of the deposit amount. Thus, if a court sets a defendant’s bail at $ 10,000, that defendant (or someone acting on the defendant’s behalf) may pay a $ 1,000 bail agent and the bond agent will act as collateral on behalf of the defendant.
Like secured or proprietary bonds, bail bond agents typically require the defendant or paying party to provide guarantees or some other form of security against the bond. (They also require the defendant to sign a contract indicating the terms of the agreement.) For example, a bond agent may request the defendant to physically deliver to the bond agent pieces of jewelry that the bond agent can sell to recover the entire amount of debt if the defendant does not appear in court. Likewise, the bond agent may require the accused, or someone else, to sign a security interest in a car, home or another piece of property that the bond agent can get back into possession of. ‘
Get bail back from the court
Because the bail is not a form of punishment or a criminal conviction, someone who pays the bail is entitled to receive that money if the defendant complies with all the terms and conditions of bail. Generally, there are two possible outcomes when someone pays the deposit: the deposit is returned to the payer or the deposit is lost.
Release or refund of the deposit
If a criminal defendant is released from custody on bail, the deposit will be reimbursed to the payer upon completion of the case. This release or repayment of the deposit depends on the type of security used and the jurisdiction in which the deposit is paid.
For example, someone who pays the bail in cash in Suffolk County, New York generally has the bail released within two or six weeks of completing the case. On the other hand, if the defendant were to use a property bond, the court issues the privilege on the property. The granting of privileges, such as the release of bail, generally requires several weeks or more for the conclusion.
In other jurisdictions, such as federal courts, the court does not automatically release the bail upon conclusion of the criminal proceedings. In such jurisdictions, the depositor must file a document (called a “petition”) with the court, asking him to release the money paid; or, in the case of secured property or obligation, to release the lien placed on the property used as collateral.
Even if the deposit is released, it is common for the court to maintain a small amount as an administrative fee or similar. For example, in Massachusetts, the court retains $ 40 of any bail paid.
Forfeiture of the security deposit
In situations where a defendant is released from custody on bail, but subsequently fails to appear in court as required – or otherwise fails to comply with any of the conditions imposed by the court when he grants bail – the amount of the bail is forfeited.
For example, if you are arrested and pay $ 1,000 in cash as a deposit, you will lose those $ 1,000 if you lose your trial date. Similarly, if someone pays bail on your behalf, the payer loses if you lose yourself in court.
If a property bond is involved and the defendant fails to appear, the court may regain possession or foreclose the protected property. For example, if your father uses his home as collateral in a real estate bond and does not appear to you, the court may foreclose the house and sell it at the auction to recover the deposit.
Violation of the deposit and failure to present petitions
If a defendant does not appeal to the court and forfeits the bail, there is still the possibility that the court restores bail (allowing the defendant to stay out of custody until the case is concluded) and return the bail that has already been made paid. A defendant can petition the court to reinstate the bail (or not forfeit the bail) if the defendant can prove that there are good reasons, like the medical emergency, for losing the court.
Like all parts of the criminal justice system, bail can be much more complicated than many people imagine. The bail can involve a lot of money and serious financial risks, even in the best circumstances – and this does not even take into consideration the potential consequences of a criminal case. Like all matters relating to criminal law, knowing what your options are and making sure you are adequately protected often requires that you talk to a lawyer before making any decisions. Receiving legal advice from a qualified expert is always preferable to make a decision without having all the facts.