Nov 09

The Law on Bail and Bail Bonds Based on Literature and Resources

A person arrested is usually entitled to a bond, the amount of which will be based on a bond schedule that serves as a general guide to courts for the imposition of bail amounts. Being just a guide, the court has the discretion to increase this amount based on variables such as whether or not the defendant is a flight risk, whether or not defendant may be a danger to the community or the perceived impact of the crime committed. If your lawyer wishes to argue on your behalf to lower the amount of your bond, this is usually done during a bail hearing, which usually takes place within 24 hours after your arrest.

Certain presumptions do prevail. Courts favor the release of a defendant from jail before trial for the defendant to prepare for the court, and to find comfort in the presence and support of their family. If, however, you are charged with a non-bailable offense, or you feel that the bail amount that was set by the court is too excessive, your lawyer could make arguments on your behalf during the bail hearing to lower the amount of your bail, or to allow bail based on your personal standing and personal circumstances.

Even with the constitutional prohibition against excessive bail, however, the amount of bail that is set is designed to be prohibitive enough that the defendant will think twice about skipping out on their bail and losing what money or collateral they have put up to secure his release. In most cases, however, the defendant is not able to afford paying his bail at all. But because it is still in his interest to secure his release pending trial, the one recourse the defendant can have is to seek the services of a bail bondsman or a bail agent.

For a set amount, which is usually ten percent of the total bail amount, a defendant can get the services of a bail bondsman, who will post bail on his behalf, after defendant has given sufficient collateral or security to answer for the amount of the bail should defendant not show up during his court dates, in most cases one can get pretty affordable bail bonds in San Diego California.

A bail bondsman will usually put up a surety bond with the court, and if deemed acceptable, a bail ticket is issued by the court to the police, who will then release the defendant from jail. Sometimes, it can happen that the defendant’s appearance in court for his scheduled hearings is made impossible for certain reasons, such as his detention in another jurisdiction for another offense, or if the defendant should pass away in the meantime. If none of these reasons are true, however, and defendant does not appear in court for his scheduled hearing, a court may issue a warrant of arrest for the defendant. The bond itself will be forfeited, but the bail bondsman will have recourse against the property you have put up for collateral, or any surety given by any of your family or friends to secure your release. The bail bondsman, in addition, will have the right to seek your apprehension and return to the court’s jurisdiction, to which end he can hire the services of a bounty hunter.