After someone has been formally charged with a crime (Arraignment) a Judge will consider bond for the defendant. Generally the Bond is determined by several things, the seriousness of the crime charged, does the person charged have a previous criminal record, does the person have ties to the community, and what is the danger to the community or alleged victim, among other things.
WHAT IS BOND/BAIL?
Bail or Bond are terms that are interchangeable and mean the same thing. Bond is what is required for a defendant (someone accused of committing a crime) to give to the Court to ensure the person returns to Court for required appearances. The bond can be in the different forms. The Court may ask for property, cash, surety, or just your word. Once bond is given it allows the defendant to be released from jail until the pending case against them is over.
WHAT ARE SOME TYPES OF BOND?
As mentioned above there are several types of bonds. One type is Property Bond. This bond means the defendant puts up tangible property such as car, house, or other real estate in order to meet the monetary requirement the Court has asked for, and for the Defendant to return to their court date.
Cash Bond is also another form of bond. This is when the defendant must post money the Court is requesting. In some jurisdictions a defendant may be required to pay only 10% of the cash the Court has requested. For example if bond is $50,000 cash, the defendant may only have to put up $5,000 (10%) to secure their release and ensure the return for all court dates. Normally the defendant will get most of the money back once the case is completed.
Surety Bond is another option. This is when you use a professional bail bond service (Bail Bond Agency) that pays the bail money but charges a fee to the defendant a fee. Generally this is cheaper to use but the defendant does not get any money back once the court case is completed.
The Court may grant a release on a Personal Bond or recognizance bond if the charges against the defendant are not serious. This type of bond is a promise made by the Defendant to the Court that they will appear for all dates. There is no money or property required to put up by the defendant for this type of bond.
A Defendant is entitled to an attorney at this procedure. Having an attorney at the bond hearing to speak on behalf of the defendant could go a long way in helping reduce the bond.
THINGS TO REMEMBER
• Bond is set as a way to ensure the defendant returns for court appearances.
• There are different types of bond that may be posted to meet the requirements of the Court.
• In some instances the defendant may have a portion of the bond returned after the case is resolved
• You are entitled to have a lawyer at the procedure.
• If you are a member of Firearms Legal Protection and have had to use lethal force to protect yourself or others, call the Emergency Hotline. We will get an attorney out to you immediately. If you are not a member find an attorney who can help you as soon as possible.
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The Information given on this website is not legal advice. The information that may be posted in any format on this website is of a general nature and should not be construed in a person’s own situation as legal advice. If you so desire legal advice please consult an attorney in a one on one setting in order to get legal advice that pertains to your unique circumstances.