The bailing system sounds pretty simple, it allows a prisoner to go free if someone is able to pay a certain amount of money. It sounds simple right? All you need is the right amount of money and you can buy your freedom. However, it is not as simple as it sounds, there are plenty of finer details that go into this process and make it more complicated.
When a prisoner is given an option to pay a bail and go free, they have multiple options to choose from, ranging from paying in cash to hiring a bondsman to pay on your behalf. Many people who are new to the criminal justice system will have a hard time figuring out how all of this works. You might also wonder that is the bail system only in place to make prison time easier for the rich? If you do not have the money to pay your bail then what other options are available to you?
Let’s take a detailed look at how this system works, how a court decides on a bail amount, and how will you be able to pay that amount? This information can really make your experience with the justice system easier and possibly help you save someone important to you from having to rot in jail.
What is a Bail?
The concept of bails was introduced to provide criminals with the option to not have to spend time in jail while the court decides their fate. When one pays their bail, they can remain outside of captivity, and the bail amount will ensure that the criminal will not run away or stop attending court before the case ends.
The details and processes of a bail are decided by the court based on various factors, such as the severity of the crime and more. While you can find plenty of information on how bails work, people often have a hard time figuring out the various ways you can pay a bail. Defendants are often provided several methods of payment, especially when the amount that they have to pay off is large.
Usually, bail amounts get decided and paid off in bond form, and this is exactly what makes the whole process so confusing. There are a variety of bail bonds that you can choose from, and the kind of bonds that are available differ from state to state. Let’s look at some bail bonds Sacramento that citizens can be presented with.
The simplest option is to pay a cash bond; the police simply has the defendant or someone else pay a cash bond on their behalf and grant them their freedom. The amount that must be paid is decided after a bail hearing is held by the court.
Not every bail bond is demands cash, some cases will be given a Personal/Own Recognizances Bond that will set certain rules and conditions that, if followed by the defendant, will allow them to remain free during the entire case. These kind of bails only get granted after a bail hearing is held.
Another kind of bail is the Unsecured/Signature Bond, it works similarly to a Recognizances bond, setting rules and conditions to which the defendant must comply. It also sets a bail amount that the defendant will have to pay if they fail to comply with the bond’s terms and conditions.
For people who do not have cash to pay with, a Secured/Property Bond can be offered. This bond allows the court to seize a portion of the defendant’s property in order to cover the bail amount. It sets a condition that as long as the defendant appears in court when called, their property will not be seized.
Another option available to people who are unable to afford a bail is to contact a Bond Agent. Bond agents are people who agree to pay a defendant’s bond on their behalf, acting as a surety for the court. In return for paying someone’s bail, they charge a fee (typically 15% to 10% of the decided bail amount). A bond agent will require defendants to provide some sort of collateral to make sure that they do not lose their money if the defendant does not appear in court.
These were all the bail bonds that one may expect to face in a court, keep in mind that once a case has been concluded without complications, a defendant can get their bail money back.
