when you go to court with out a lawyer for a bail bond case

No, an attorney is not needed to post bail or to get a defendant out of jail. However, a defendant charged with a crime that results in a prison or jail term is entitled to counsel. And a defendant being questioned about matters relating to an alleged crime may request an attorney be present.

Full Answer

Can a bail bondsman Put you Back in jail?

A lot of people do not realize that a bail bondsman has the right to put you back in jail if you violate the bond agreement. Many people that are arrested depend on bail bond service to get them out. A bail bond can be required even if it is your first offense and the offense seems rather minor.

What happens if you miss a bail bond court date?

If a defendant misses his or her court date, the court keeps the bail agent’s money, and the agent is authorized to arrest the defendant or hire a bounty hunter to bring the defendant back to court. If you miss your court date, your bail agent can also sue you in civil court to recover amount of the bail bond.

Do I need a bail bond for a first offense?

A bail bond can be required even if it is your first offense and the offense seems rather minor. Typically the offender’s relationship with the bail bondsman is a symbiotic relationship and the bail bondsman legal rights never really come into play, but you should know what you are facing when you pick up the phone and call that bond agent.

Do I need an attorney to post bail or get out?

No, an attorney is not needed to post bail or to get a defendant out of jail. However, a defendant charged with a crime that results in a prison or jail term is entitled to counsel.

What happens if a defendant violates bail?

This freedom comes with a lot of strings attached: If a defendant violates bail conditions, fails to show up in court, or gets arrested again, the judge can revoke the defendant's bail and put the defendant back in custody. After revocation comes forfeiture of the bail money or bond. So, the defendant loses his freedom and might possibly lose his ...

What happens when a bail bond is revoked?

When a defendant's bail is revoked, the court's next step is to forfeit the bail bond. In other words, any money or property put up to secure the defendant's release is turned over to the court. In most states, procedures for bond forfeiture are set by law. An entry of a forfeiture order is usually mandatory.

What is the process of forfeiture of a bond?

Forfeiture of a bond requires notice be sent to the defendant and the surety, most likely a bail bondsman. Generally, before a forfeiture becomes final, the bail bondsman is given a certain period of time to bring the defendant in or explain the steps taken to locate a missing defendant. Bail bondsmen and their employees sometimes go to great lengths to bring in an absconding defendant, because if they can't, they will end up paying the court the required bail.

What happens after a bail revocation?

After revocation comes forfeiture of the bail money or bond. So, the defendant loses his freedom and might possibly lose his money. If a defendant's violation is explainable, there's a chance that forfeiture can be set aside.

What is the process of revocation of bail?

In federal court, the Bail Reform Act of 1984 controls the process. If a defendant commits a crime while out on bail, there's a presumption that no conditions of release can keep the community safe.

Why do bail bondsmen go to great lengths?

Bail bondsmen and their employees sometimes go to great lengths to bring in an absconding defendant, because if they can't, they will end up paying the court the required bail. Some state laws give the defendant or bail bondsman a chance to explain the reason for the violation and possibly avoid the forfeiture.

How does bail reform work?

In federal court, the Bail Reform Act of 1984 controls the process. If a defendant commits a crime while out on bail, there's a presumption that no conditions of release can keep the community safe. The defendant is given an opportunity to rebut or overcome the presumption, but he does not get a full-blown trial. It's up to the judge to decide whether to revoke bail completely or impose new or additional conditions of release.

What You Need To Know About a Bail Bondsman Legal Rights

Most people that have been arrested and are sitting in jail trying to figure out how they will make bail, do not really consider all the other terms of the bail bond. For example, let’s say you were charged with trespassing because you had a fight with your girlfriend and she called the police.

Conditions of Your Bond

There are no laws that prevent a judge or a magistrate from adding conditions to your bond. For example, let’s say you have been charged with a DWI after a car accident that requires car accident injuries treatment for the other party, the judge may ban you from any type of alcohol consumption while you wait for your trial.

How You Can Form a Good Relationship With Your Bond Agent

There are a few things that you can do to ensure that you never have to learn what the bail bondsman legal rights are when it comes to revoking your bond. A little self-responsibility can go a long way in making sure that you are able to stay out of jail and keep your bond in good standing.

When You Break the Rules

Perhaps, this article has colored the bail bondsman legal rights in a light that is a little intimidating. The fact is if you do not break the rules, your time on bail will largely be uneventful, however, if you do break the rules, you can be in a world of trouble.

Their Fees

Most people use a bail bond service because they cannot afford the bail amount outright, but that does not mean you are not going to have to pay. Typically a bail agent fee is 10%-15% of the total bond. If your bond is $10,000 then you may have to pay an agent between $1000 and $1500 to get out of jail. The fee is non-refundable.

What happens if a bond comes from a bail bond?

If the bond came from a bail bonds then the collateral for the bond is forfeited to the bondsman. Report Abuse. Report Abuse. Please explain why you are flagging this content:

What happens if you put money on bail?

Nothing will happen to the person who put up the money but the court can and will order the money posted as bail to be forfeited.

What happens if you don't show up for a bond?

If you put up money or collateral for bond and the person does not show up to court, the bond would be forfeited and you would lose your money and collateral that you posted for them.

Why is a bond posted?

The bond is posted to ensure that the defendant appears in court. If the defendant fails to appear and the court declares the bond forfeoited, then the person who posted the bond/bail money looses it.

How much does a person have to pay for bail?

The person must pay the entire bail amount. For example, if the bail was 40,000. The premium will be $4,000, if the defendant runs, the person who signed must pay $40,000.

What happens if a person fails to appear in court?

Generally speaking, when a person charged in a criminal matter fails to appear for a scheduled and mandatory court-appearance, the court will issue a bench warrant for their arrest and their bond will potentially be forfeited. However, depending on the circumstances, the court may give the person who posted the bond a chance to plead their case prior to forfeiting the bond outright.

What happens when a person loses all their money?

The person loses all their money they put up and a warrant goes out for the fugitive.

What is the burden of showing bail after conviction?

A defendant has the burden to show that bail after a conviction is appropriate. The court will consider the crime of which the defendant was convicted and the sentence that they received in determining whether to grant bail. Sometimes the state will eliminate the possibility if the defendant was convicted of a very serious crime, ...

Why is it difficult to get bail for a long sentence?

A sentence of a lengthy prison term also may make a judge reluctant to grant bail, since the defendant would be more likely to flee if their appeal does not succeed.

What factors are considered in a post arrest bail decision?

For example, they may consider the criminal record of the defendant, any history of failing to appear in court, their employment status, and any family relationships in the community. If the defendant has engaged in reckless or irresponsible behavior before, they are less likely to get bail while pursuing an appeal. The judge probably will find that they pose a threat to the community and may commit more crimes during the appeal process. (Even if these crimes are less serious than the crime of which they were convicted, this can be a compelling consideration.)

How long does it take to appeal a misdemeanor?

This would lead to an unjust result if their appeal succeeds. An appeal may take several months or even a year, so most misdemeanors may fall within this category.

Why is post conviction bail not available?

Post-conviction bail is not available in all states because it is not a constitutional right. You do not have a constitutional right to bail during the appeal process, as you do while awaiting a trial in a criminal case. Any options for bail while pursuing an appeal will depend on the law of your state.

Can you post bail while appealing a conviction?

Bail While Pursuing an Appeal. A defendant who has been convicted of a crime may choose to appeal the conviction. They may have identified a procedural error during the trial, for example, or they may argue that their constitutional rights were violated. Even if you have been sentenced for a crime, you may be able to post bail and get out ...

Can a defendant be granted bail after being released from custody?

Evidence Tampering. A defendant probably will not be granted post-conviction bail if they are likely to tamper with evidence or witnesses after being released from custody. The judge also will consider certain factors that are specific to the post-conviction situation. To grant bail, they will need to feel confident that ...

What happens if a defendant accepts bail?

After booking, the defendant may be offered to option to pay bail based on a schedule of common crimes—for example, $500 for a nonviolent misdemeanor. If the defendant accepts this option and pays bail, the defendant is released.

What happens if a bail bond company fails to appear?

Again, if the defendant fails to appear when required, the bail bonds company can go after you for the collateral to repay its payment to the court.

What is bail in court?

Bail is security (money or property) that a defendant posts with a court . The payment does two things: It grants the defendant freedom (at least until the date of trial); and it discourages the defendant from skipping town (or the trial).

What happens if you can't afford an attorney?

In these situations, if the defendant cannot afford an attorney, the court will appoint one. ( Read more about criminal defense counsel .) The advantage of retaining an attorney at the time of arrest is that the attorney may be able to get the bail reduced or get charges reduced (resulting in lower bail).

What happens if you post bail?

There are additional financial costs and risks if you use a bail bond service (see below). If you post bail for someone, you might also have to answer questions in court as to the source of the money used to pay bail.

Do you need an attorney to post bail?

No, an attorney is not needed to post bail or to get a defendant out of jail. However, a defendant charged with a crime that results in a prison or jail term is entitled to counsel. And a defendant being questioned about matters relating to an alleged crime may request an attorney be present. In these situations, if the defendant cannot afford an attorney, the court will appoint one. ( Read more about criminal defense counsel .) The advantage of retaining an attorney at the time of arrest is that the attorney may be able to get the bail reduced or get charges reduced (resulting in lower bail).

Where is the defendant taken to?

The defendant is taken to the police station and booked.