What Happens When You Bail Someone Out of Jail?
If you post bail for a friend or family member, you are undoubtedly performing them a great service, but you are also assuming significant duties. You are responsible for the following matters upon the defendant’s release from prison: the following is what happens on bailing someone.
1. Bail Conditions
Judges determine bail amounts. Because many individuals want to get out of prison promptly, most jails have standard bail schedules establishing bond amounts for common offenses. By paying the amount on the stationhouse bail schedule, an accused person can often get out of jail quickly. If a suspect wishes to post bail but cannot pay the sum specified by the bail schedule, they may petition the court to reduce it.
2. Fee Payments
A premium must be paid to submit the bail bond while using a bail bond firm. The Indemnitor must complete this payment for the procedure to begin. Depending on the defendant’s conduct after their release, such as failing to appear in court, the Indemnitor may be accountable for further costs. This is because if a defendant released on bail fails to appear in court, the bail agency would likely use a fugitive recovery service to identify and re-arrest the offender. The Indemnitor is responsible for these additional service costs.
3. Assigning Court Dates for the Accused
The primary duty of the Indemnitor is to ensure that the defendant attends all court sessions. The insurer is responsible for guaranteeing that the defendant makes it to every court appearance they are expected to attend. Contrary to popular belief, the Indemnitor is only freed from their contract if the defendant fails to appear on their first day in court. The bail bond and contract will remain in place until the case is closed. According to experts at a bail bonds Riverside office, it is standard practice to keep the collateral safe until both the bond and the premium have been paid in full. In most instances, the bail bonds firm will not ask for collateral from its customers. People often possess properties but do not wish to sign on the dotted line for them.
4. What Happens If They Fail To Appear In Court?
Suppose you have legitimate fears that the individual whose release you are contemplating will not appear in court. You’ll likely want to be aware of your hazards. The bail bond defaults if the defendant fails to appear in court. Now you risk losing all the money you put up to secure the release of your friend or family member from prison. You also risk losing the collateral you used to obtain the bond, which might be your home, vehicle, or other property. There are many solutions for addressing the problem, but they differ from state to state.
In most jurisdictions, the court will issue a notice to the bail bond agency informing them that the defendant has failed to appear in court and that the bond is now in default. Generally, there is a grace period for making amends, but it is granted at the court’s discretion, which may not be as forgiving based on the accused’s past. The judge will then issue an arrest warrant for them.
There will be a statutory amount of time, often approximately 90 days, during which you can turn in the defendant to remove your bond from default. Typically, this entails delivering the individual who skipped court to the police and filing papers to tell the court that the individual has been returned. You can also follow the same steps to get your bail released if the person is arrested because of a bench warrant.
If your state permits it, you have the option of engaging a fugitive recovery agent, more often known as a bounty hunter, to locate the criminal and return them to jail. This will have the same effect as if the bench warrant had been used to arrest the defendant, and you will have to fill out the paperwork to get your bail back.
If you are attempting to get out of jail or have issues concerning bail, you should seek the assistance of a seasoned criminal defense attorney acquainted with the local system. When facing criminal accusations, you should always consult with and be represented by an attorney. A seasoned attorney may be able to assist you in arranging your release and can provide you with complete information on the appropriate state legislation.