After you take care of your bail bond, you will be released, but it doesn’t end there. If you are facing criminal charges, you will need an attorney to represent you in court. If you can prove indigence, the courts are required to provide you with an attorney.
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Attorney bonds are also able to streamline your case. When you have your attorney work on your bail from the start, you will be released sooner than when you work with a bondsman.
After the closing of the case, the judge (usually) issues an order for the return of the bail; it is also called ‘exonerating’ the bail. If the case has ended in conviction, then the government will retain 3 percent of the bail amount. The bail bondsman, if you had hired any, will also keep his or her part of the fee.
If it is a cash bail (as opposed to a bond) the person who put up the money will lose the money they put up of the person does not follow through with appearing in Court and the Court revokes their bail. * This will flag comments for moderators to take action.
There are only two likely scenarios in which the bail money will be returned, either the person must be acquitted or all charges must be dropped. If found guilty, the bail money will be applied to court fees, which means that you might not get all of the money back.
If a defendant "jumps bail" or fails to appear, bail will be revoked. At that point, the defendant has lost the right to be free before trial. The...
Both federal and state courts have procedures for revoking bail. In federal court, the Bail Reform Act of 1984 controls the process. If a defendant...
State laws vary as to the bail revocation process. Nevertheless, all state laws allow for revocation of bail if a defendant violates a condition of...
Even after bond has been forfeited, it's still possible to have it set aside through "remission." A bail remission motion is a request to refund mo...
1. If a defendant is on bail for a federal drug offense, gets charged with a state drug offense and has his federal bail revoked, can he get bail f...
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.
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 ...
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.
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.
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.
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.
Generally, these motions must be filed within a certain time, such as one year, from the date of forfeiture. Whether to grant relief from a forfeiture is usually within the trial court's discretion.
What is bail and how is it set? The right to reasonable bail in a criminal case is a constitutional right that everyone in this country enjoys. When a person is arrested, the police use a "Bail Amount Schedule" dictated by the judges of their county for those persons seeking immediate release on bail without having to go to court. These "scheduled" bail amounts are extremely high ($5,000 to $1,000,000, or more depending on the charge).
Who can change the bail amount and what factors are considered? Normally, judges in open court consider mitigating factors in the bail amount and may reduce (or in some rare cases, actually increase) the amount of bail. Some counties have "Bail & O.R.
Should I spend more money on bail or on my legal defense? You will need money for your legal defense fund. Criminal cases can last several months to a year or more. You will need the best lawyer you can afford.
Can I get a discount on my bail if I have a private attorney? Yes. Clients who have already retained a private attorney (but not a court-appointed attorney or public defender) get a bail premium reduction from 10% down to 8% of the bail amount from almost all bail bond companies.
What about a DUI case? In almost all first-time DUI cases, clients are usually released the next morning on their signature without having to post bail. In second, third or fourth offense cases, there will be a bail to be met before your are released. Like other bail amounts, bail in these cases are subject to significant reduction in court.
What if the bond compnay refers me to a lawyer, or my lawyer refers me to a specific bond company? Get another attorney. Beware of any attorney who is referred to you by your bail bond company, or any attorney who urges you to use a specific bail bond company (bail bonding companies all charge the same rates), since highly illegal kickback schemes have been found in such cases..
If you have been arrested for any type of crime, you could have the option of being released from jail on a bail bond. There are a lot of different types of bail bonds that you can use, but the one that usually comes to mind is a surety bond. This is where a third-party, generally a bondsman, will pay your bail and holds your bond.
An attorney bond is like a surety bond where you will be released from jail before your trial. With this type of bond, you will pay your attorney a standard non-refundable fee which is usually 10% of your bond amount. This will be used by the attorney to secure your bail bond.
While the process that you go through to get the bond will be the same, there are some ways in which the attorney bond will differ from your standard surety bond. The first difference is that the attorney who holds your bond will have to be the one that will represent you in court.
Because bail amounts can be ridiculously expensive, people usually seek the help of bail bondsmen to get their family or friend out of jail. Like what was mentioned above, bail bondsmen are people who pay the full bail amount of a defendant, in exchange for a premium, and secured by a collateral of some kind.
Bail bondsmen are backed by a special kind of insurance company called Surety companies, which is how they can afford to pay for their clients bail. Surety bonds involve a lot more parties and collateral, which can be helpful to ensure that the defendant appears in court.
Because bail bondsmen work with a lot of criminals, they can often be aggressive about getting their clients to court, as a forfeit of bail means that the bondsman must pay the bail amount in full (which is usually more than the premium they collect, or the collateral they’ve secured).
In essence, a surety bond is a type of promissory note issued to the defendant and is paid through a bail agent, also known as bail bondsmen. A Surety Bond (or, a bail bond in some states) is requested by a friend or family member of the accused through a bail bondsman.
Usually, there are 5 different types of bail that can be set, with some more common than others. Because bail is primarily determined by both a bail schedule and the judge’s discretion, a defendant can appeal to be released on Personal Recognizance (called Release on Own Recognizance, or O.R. in some states).
If you fail to appear in any of your court dates, the judge may forfeit your bail and keep the money, where it is then dispersed to the county, the city, and the state, depending on your state’s penal code. Again, bail money is the court’s way of ensuring that you show up to your court dates. It is not a way for them to raise money for their office.
The amount of bail is determined by both the severity of the crime and the discretion of the judge. Again, a bail schedule is available for reference of the courts, but a judge can set a lower or higher (within the law, of course) amounts depending on whether they feel you deserve it or not.
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.
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, ...
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.)
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.
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.
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 ...
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 ...
The law and procedure around pretrial release vary at least somewhat from state to state, but here are some of the factors defense attorneys regularly address when trying to get lower or no bail for a client: Danger to the community. The lawyer essentially argues that the defendant won't hurt anyone while out of custody.
Also consider that judges can always reconsider bail, and may lower bail when they receive information—from an attorney—that they were previously unaware of. (For further information, see Can you appeal a judge's bail order?) Talk to a Lawyer. Start here to find criminal defense lawyers near you.
In addition, attorneys normally discuss cases with prosecutors before the bail hearing, and sometimes can assure the judge that the charges are not as serious as they look on paper. Finally, the simple truth is that judges often take attorneys' arguments more seriously than those of self-represented defendants.
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:
If it is a cash bail (as opposed to a bond) the person who put up the money will lose the money they put up of the person does not follow through with appearing in Court and the Court revokes their bail.
The person who posts bond is called the "surety." A surety stands to lose their money if the defendant fails to appear, but nothing beyond that will happen to them. You have posted your money, but have not undertaken any commitment to the court to be in charge of that person.
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.
The person who posts bond is called the "surety.". A surety stands to lose their money if the defendant fails to appear, but nothing beyond that will happen to them. You have posted your money, but have not undertaken any commitment to the court to be in charge of that person. Report Abuse.
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.
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.
You never know when you or a loved one may be in need of a bail bond. Luckily, Bad Boys Bail Bonds is open 24 hours a day, 365 days a year—available to get customers the help they need when they need it.
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It takes about 4-6 weeks for the check to come to you via mail.
If the person does not show up in court, then the money can and will be forfeited and you might not see it again.
If found guilty, the bail money will be applied to court fees, which means that you might not get all of the money back. Keep a tab on the different court dates and mark the exact date the case was closed or it ended. When you have kept track of these dates, you will know when you will get your money back.
It ranges from 10 to 30 per cent, depending on the amount of the bail, seriousness of offence and the defendant’s criminal record.
After the closing of the case, the judge (usually) issues an order for the return of the bail; it is also called ‘exonerating’ the bail.