Most people who do not want or can not get the bail money themselves seek the services of guarantors, who pay bail in exchange for a commission. The bond bail bond fee is usually 10 percent of the total amount of the bond, although it may vary depending on the circumstances. A guarantor can help you understand your rights and can assist you with the bail process.
Difference Between Bail And Bond
Before bail : arrest process
In the arrest process, the police must read aloud the defendant's legal rights, known as the Miranda rights. After the arrest, the accused is transferred to jail and is "enrolled", which is essentially an administrative procedure.
The bail process
Bail is a right protected by the Constitution of the United States. The bond consists of a "surety bond" (usually in the form of cash) that the court has to make sure that the person accused of a crime appears to appear before the court of justice when it is cited.
Miranda Rights
In the landmark Miranda case against Arizona in 1966, the Supreme Court ruled that police should inform suspects of their legal rights prior to their arrest. These rights, which since then are known as "Miranda Rights", consist of the following:
- You have the right to remain silent and refuse to answer questions.
- Everything you say can be used against you in a court of law.
- You have the right to consult a lawyer before you speak to the police and have a lawyer present during the interrogation from this time and thereafter.
- If you can not afford a lawyer, you will be assigned one before any questioning (if you wish).
- If you decide to answer the questioning at this time without the presence of a lawyer, you still have the right to stop answering at any time until you consult a lawyer.
Most people who are arrested have the opportunity to pay a bail. The payment of the bond allows the defendant to remain free until the trial. After the arrest and the processes of transfer, the judge determines the amount of the bond, and the bail process begins within 48 hours. However, in certain circumstances and usually with the assistance of a professional guarantor, it can start in just one hour.
If the crime is relatively minor or if the judge considers that the accused will not flee justice, he may be released "under oath", in which case no bail is required.
Determination of security
Courts of justice take into consideration several issues when deciding the amount of bail that the defendant must pay to leave the prison. For certain offenses, courts use a "bail schedule," which consists of a list of offenses and the amount of bail that must be paid for such offenses. While widely used for most common crimes, bail lists do not cover all offenses; When a person is charged with a crime that is not covered by the court's bail-out list, the judge will determine the amount of bail to be paid. For example, if you are arrested for DUI (DUI), the amount of the bond usually varies, but a DUI lawyer can help you throughout the entire process.
Bail bonds
There are two ways to pay the deposit:
- The defendant may pay the stipulated bail with his own funds or with money he has borrowed from family or friends.
- Or the defendant may use a bail bond agency to pay bail in exchange for a commission and a guarantee, which is known as bail bond. In exchange for this service, the person requesting the bond bond usually must guarantee the loan with some type of guarantee and pay the guarantor a non-refundable commission equivalent to approximately 10 percent of the total amount of the deposit.
After payment of the deposit
After payment of bail, the defendant is released but must appear before the court when summoned. When the accused appears in court at the scheduled time, the bond that has been paid is returned to the person who paid it.
History of bail
The current United States surety law has its roots in seventeenth-century English law. The habeas corpus law of 1679 ordered the authorities to release the prisoners with one or more guarantees or guarantees (money or something else of value). Ten years later, the English Bill of Rights required courts to order fair and affordable bail. The Eighth Amendment to the United States Constitution, which also protects the defendants from excessive bail, was based on this English legislation.
In cases where the guarantor pays the bond, it is returned to the guarantor who in turn returns the guaranty to the accused less the commission that charged him for providing the bond bond. However, if the defendant does not appear in court, an arrest warrant is issued, and the court keeps the money. In addition, the defendant loses the security pledge he offered to guarantee the bond bond.
Common bail questions
Is the bond the same in all states?
No. Bail varies from state to state, and even from county to county in some cases. To determine bail procedures in your state or county, you could contact a guarantor who is in your area.
How is the amount of the deposit determined?
In some cases, the judge decides when to pay the accused; Although with common crimes, most courts use a bail list.
How long can I be released?
It will be released as soon as the bond is paid.
Can I pay the bond for myself (without a guarantor)?
Yes, the bond can be paid without a bond, in which case the bail money is returned when the defendant appears before the court at the scheduled time. If the defendant can not or does not wish to pay the bail amount from his own funds, he can obtain a bond bond, which typically includes a nonrefundable commission of 10 percent; Said commission varies according to the guarantor.
Your rights with respect to the bond
Except in cases where it is determined according to a fixed list, the bail remains at the discretion of the judge. However, the Eighth Amendment prohibits courts from imposing "excessive bail". To learn more about your rights and bail process, contact a guarantor today in your area.
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