Facts You Should Know About Bail
Posted on Aug 17, 2017 10:55am PDT
If a loved one is arrested, one of the first decisions you will need to
make is whether to
post bail. Many people don’t really understand how bail bonds work until they
are faced with the prospect of posting bail, so they have many questions
when they visit a bail bond agent in Upper Marlboro. If you are facing
a loved one’s arrest and wondering how to handle the question of
bail, these facts should help.
Most bail is posted using a bail bond.
Although it is possible to pay a bail in cash, doing so is a financial
impossibility for most people. When you pay a cash bail, you are required
to pay the whole amount to the court. Although you are eligible to receive
the cash back after the case is concluded, the court may retain the cash
if the defendant is found guilty. To avoid these complications, most people
use a surety bail bond. With a surety bond, a bail bond agent makes an
agreement with the court to pay a portion of the bail and to pay the rest
if the defendant fails to show up for trial. The bail bond agent charges
a fee for the service, which is not refundable, regardless of the case outcome.
Bail amounts can vary widely.
The courts consider many different factors when setting bail amounts. If
there is a schedule for bail in the county in which your loved one was
arrested, the court may have little leeway, but in other instances, the
court will consider everything from past criminal history to the nature
of the charges. Generally, the most serious the crime or the more extensive
the criminal record, the higher the bail amount will be.
You may need to provide collateral.
In addition to a fee for posting bail on your behalf, you bail bond agent
may require collateral from you. The collateral provides security for
the bond agent should your loved one fail to appear, causing the court
to require full payment of the bail from the agent. Depending on the total
amount of the bail, the collateral could be significant, such as your
house, so it’s important to only post bail for someone you feel
confident will honor the agreement.