It’s common knowledge that bail bonds are a method of securing a defendant’s release from jail pending his or her trial. Bail bonds serve as insurance to increase the likelihood that a defendant will appear for all mandatory court appearances and complete other conditions of bail. If he or she fails to do so, the amount paid to the bail bondsman in Baltimore, Maryland is forfeit. The basic system of bail bonds has been subject to little change over the years—until recently. Appeal bonds, which are not available in all states, have been on the rise. These are also known as post-conviction bonds.
What is an appeal bond?
An appeal bond or post-conviction bond for convicted offenders is different from appeal bonds for defendants in civil lawsuits. In a civil lawsuit in which the jury finds in favor of the plaintiff, the defendant must quickly post an appeal bond to preserve the right to appeal the decision. In this case, the appeal bond guarantees that if the appeal is lost, the plaintiff will still receive the amount of payment ordered by the jury. In contrast, an appeal bond for a criminal offender is one that may be granted after he or she has already been convicted. Usually, when an offender has been convicted and sentenced, he or she must begin serving time or completing other legal penalties, even if he or she is awaiting the outcome of an appeal. With a post-conviction bond; however, that individual could be released from jail or prison while his or her appeal is pending.
Could I be eligible for an appeal bond?
Not all states allow post-conviction bonds. Some of the states that do offer these bonds include Virginia, Maryland, Pennsylvania, and Mississippi. Depending on the local rules where you live, you may be eligible for an appeal bond provided you have not been convicted of certain serious offenses, such as murder or another offense punishable by death or life in prison.
What are the requirements for an appeal bond?
Like regular bonds, the court can set mandatory conditions for post-conviction bonds. For example, the defendant is required to appear in court when called to do so. In some cases, the defendant may be required to submit to house arrest and electronic monitoring.
When an individual is arrested by the police, he is booked into jail. Posting bail allows for his release from jail on the condition that he will appear in court when called, rather than requiring him to remain in jail until a trial date has been determined. The amount of an individual’s jail bail in Upper Marlboro may be affected by many different factors, including the type of charges he is facing and his criminal record. Below you’ll get a closer look at these factors and the outcome they may warrant when it comes to your bail.
The Severity of the Crime
Jails maintain a bail schedule that outlines the amount of bail appropriate for various crimes. These amounts are based on state and federal laws and guidelines, as well as the individual jail’s own regulations and operating procedure. Certain charges are considered more severe than others, and thus require a higher amount of bail to release an individual from jail. For example, an individual arrested for driving under the influence of drugs and alcohol may have a more difficult time posting bail than an individual arrested for minor property damage.
The Defendant’s History
Judges often take into account factors such as an individual’s past criminal record and employment history when determining bail. Individuals with no past criminal record often garner lower bail amounts than repeat offenders, even for more minor crimes. Even if an individual was found not guilty in the past, a record of failing to show up for court or other such actions could also raise the amount of jail bail required for release. Alternatively, an individual who is currently employed and has a positive community standing may be granted a lower bail amount due to these factors.
Bail bonds allow you to post bail without paying the full amount upfront. Working with a bail bondsman serving Upper Marlboro is the fastest, most discreet way of posting bail for a friend or loved one.
When a person is suspected of being an undocumented immigrant, he or she can be arrested and taken into the custody of the Immigration and Customs Enforcement (ICE) agency. At this point, a deportation officer will decide whether to allow the individual to obtain a bail bond , perhaps with the help of a bail bond company located in Virginia. Immigration bail bonds work in much the same way as regular bail bonds issued to U.S. citizens who have been arrested and charged with a crime. They allow an allegedly undocumented immigrant to be released from the detention center pending the outcome of the case.
There are two basic types of immigration bonds. Voluntary departure bonds are granted when an undocumented immigrant agrees to leave the country at his or her own expense. The individual must depart the country within the specified time period. A voluntary departure bond may be granted before removal proceedings have been completed or sometimes before they even begin. The second type of immigration bond is a delivery bond. It is similar to a regular bail bond in that it allows the detainee to be temporarily released with the condition that he or she return for all mandated appearances.
After an allegedly undocumented immigrant is taken into custody, the deportation officer may set a bond depending on the assessed risk that he or she will miss the court appearances and the potential risk to the safety of the community. If a deportation does not set bond or the amount of the bond is too high, the detainee can request a bond hearing before an immigration judge. The immigration judge may set bond, reduce the amount, or refuse bond.
Not all detainees are eligible to obtain immigration bonds , including those who were arrested while trying to enter the U.S. illegally and those who have been accused of terrorist activities. Some immigrants detained in the custody of the Department of Homeland Security (DHS) are subject to mandatory detention and cannot be released on bond. These include individuals who have been convicted of crimes such as drug trafficking, prostitution, terrorist activities, and crimes of moral turpitude.
Bail agents in Maryland can help defendants be released from jail pending their trial. However, bail bonds are a privilege, not a right. The court may decide to withdraw bail at any time. Watch this video to hear about some common reasons why a defendant’s bail bond might be withdrawn.
This bail bonds expert explains that the main requirement of bail bonds is that the defendant appears in court when ordered to do so. However, the court may choose to establish additional requirements. The defendant may be ordered to maintain employment, complete a drug program, or check in with the bail bondsman. If the defendant violates these conditions or poses a threat to public safety, the court may order that he or she be returned to custody.