The Bail System is not a complex system but people often think that it is too complicated especially those who encountered it for the first time. The real function of the system is often misunderstood because of how it is being presented in different mediums, leading to confusion among bail clients. There are several misconceptions that people usually encounter.
Some bond companies are making potential clients believe that the amount of bail is always negotiable to attract the client and eventually choose them. This is not always correct because the amount of bail is not always negotiable. Even if the bondsmen and the company have a good record in the state, they cannot, in any way, influence the amount of bail needed to be settled in exchange for the release of the accused.
Being released through surety bond is not a zero-bail release like being released on personal recognizance. Posting cash bail is more expensive because the accused will settle the full amount of bail in cash. On the other hand, an accused that will be released through surety bond will still need to shed a small amount of money as payment for the bondsman's service.
In exchange for securing the release of the accused, the bondsman will ask for a payment called bond premium. The usual amount of bond premium is 10% of the total amount of bail or slightly lower than 10% depending on the status of the accused. If the bail amount was set as $35,000, then the premium will be set at $3,500.
Bond companies are also not allowed to ask for extra fees aside from the 10% bond premium. Some companies are asking for extra interest and extra charges, but they are only allowed to do it if the bond expires after a year because they should renew it. Property collateral is not required especially if the amount of bail is not that too high.
The accused should also know that he is still responsible for the charges against him even after posting bail. It doesn't mean that the charges will be dropped upon securing release from jail and the accused should follow all the required terms of his release to avoid being re-arrested. Skipping court dates and committing another law violation will lead to cancellation of the bond.
The bail system protects the individual rights of the accused and provides benefits not only to the accused, but also to the family of the accused. However, the benefits and the real purpose of the system will not be maximized if the client will not fully understand how the process works.
Some bond companies are making potential clients believe that the amount of bail is always negotiable to attract the client and eventually choose them. This is not always correct because the amount of bail is not always negotiable. Even if the bondsmen and the company have a good record in the state, they cannot, in any way, influence the amount of bail needed to be settled in exchange for the release of the accused.
Being released through surety bond is not a zero-bail release like being released on personal recognizance. Posting cash bail is more expensive because the accused will settle the full amount of bail in cash. On the other hand, an accused that will be released through surety bond will still need to shed a small amount of money as payment for the bondsman's service.
In exchange for securing the release of the accused, the bondsman will ask for a payment called bond premium. The usual amount of bond premium is 10% of the total amount of bail or slightly lower than 10% depending on the status of the accused. If the bail amount was set as $35,000, then the premium will be set at $3,500.
Bond companies are also not allowed to ask for extra fees aside from the 10% bond premium. Some companies are asking for extra interest and extra charges, but they are only allowed to do it if the bond expires after a year because they should renew it. Property collateral is not required especially if the amount of bail is not that too high.
The accused should also know that he is still responsible for the charges against him even after posting bail. It doesn't mean that the charges will be dropped upon securing release from jail and the accused should follow all the required terms of his release to avoid being re-arrested. Skipping court dates and committing another law violation will lead to cancellation of the bond.
The bail system protects the individual rights of the accused and provides benefits not only to the accused, but also to the family of the accused. However, the benefits and the real purpose of the system will not be maximized if the client will not fully understand how the process works.
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