Even without any complications, getting out of the custody is rarely an easy process. Even though the process is not easy, navigating through different bail bonds available is extremely helpful in getting out of a custody.
Below are the three common types of bail bonds that may help one or their loved ones to get out of a custody.
Surety bonds
When one wants to get out of a custody but does not have the cash needed, the help of a bail bondsman is needed. The first type of bail bond that a bail bondsman offers is a surety bond. A surety bond is secured by paying 10% of the bail amount to the bondsman along with the promise to show up in the court when needed. Surety bonds are quite easy to understand and implement. The person under the custody or a third party representing him or her has to pay 10% of the fees to the bondsman, and then the bondsman posts the bail to get the person out of the custody. When one or their loved one does not have enough cash available in hand, most bail bondsmen are flexible when it comes to making arrangements for the payment.
Citation release
Out of the different types of bail bonds, a citation release is an indication that one never gets taken into a custody in the first place. This is when the officer who is arresting a person does not take the suspect to the station but instead issues a citation to him or her. The citation will indicate the given date on which the suspect has to appear before the judge. Generally, citations are issued for minor crimes like traffic violations. The decision of releasing a citation is on the arresting officer, one cannot fight or apply for the same.
Cash bail bonds
Cash bail bonds are simply bonds that are paid in cash. One can pay any bail in cash as long as they have the access to the amount needed. Most correction departments prefer to accept cash bail in cash only. While there are some that accept credit cards and cashier’s checks as well.
We often stumble across the word “bail” in news or our favorite courtroom dramas. But what does this word actually mean?
In simple terms, bail is an amount that a defendant has to deposit to be released from jail. This money is imposed to ensure that the defendant will return to the court for further proceedings. The bail amount differs across cases and is decided by the judge. The money is returned to the defendant after the case is over.
There are two types of bails, namely, cash and bonds. As the name suggests, cash bails are where one needs to pay the bail amount in cash. At times, these can be comparatively heavy on the wallet than bonds, as they have to be paid entirely in cash. On the other hand, bail bonds or surety bonds are contractual agreements where the bail amount is funded through a third-party or bondsmen as the bail amount charged is expensive, generally, for severe crimes.
How to do bail bonds work?
Like mentioned before, when the bail involves a big figure, defendants can approach a third-party or a bondsman to help them. Such businesses will charge 10% of the bail amount as a fee while they cover the remaining balance amount. The bail bondsmen draft an agreement to make sure that the defendant turns up in the court. In this contract, the bail bondsmen require the defendant to use a collateral in exchange of bail.
Every bail bond agency is different, therefore, what would deem as a collateral will vary accordingly. Typically, an asset of significant value is accepted as a surety. The following are some examples of what can be used as a collateral:
Both, the court and the bail bond agency, establish some conditions for the defendant’s release. The first being that the defendant has to appear in the court for future trials and hearings. Likewise, the defendant isn’t permitted to break any laws before the final verdict. If any of these terms are violated then an arrest warrant will be issued.
The bail bond agency, on the other hand, will ask the defendant to surrender their collateral temporarily. If the defendant doesn’t show up for court proceedings, the agency will have all the rights to track them down. Moreover, if the defendant is nowhere to be found in the next six months, then they will be liable to pay the entire bail amount.
It can be a difficult process for one to get themselves out of custody. The bail system acts as a savior and helps one to get their loved ones out of custody fast. There are a variety of bonds that can secure one’s release from jail. Below are the different types of bail bonds that everyone must know about to help get custody fast.
Cash bond
As the name suggests, cash bonds are cash payments that allow one to get out of jail. In most instances, only cash is accepted by the corrections department. However, in some cases, cashier’s checks or credit cards can also be used to cover cash bails. Most people don’t tend to have large sums of money readily available to give to the correction department as in some cases thousands of dollars in cash are needed to cover bail fast. In such cases, one may have to seek the advice of a bail bondsman for the help they need.
Property bond
Property bonds may not be accepted in all states. However, in states like California, they are used occasionally. Different types of properties can be used, but real estate happens to be the one that is most commonly used. These bonds tend to be quite useful, especially, when one does not have cash available in hand to secure bail. The only drawback of property bond is that it takes time to obtain the same. One can be released from jail within a couple hours with the help of cash bonds. Whereas a property bond is handled directly by the court, there is an assessment of property value that is needed along with court hearing in order to receive the confirmation of the bond agreement. Hence, the whole process takes a span of a few weeks.
Federal bail bond
If one has been jailed under a federal crime, to secure the release, a federal bail bond is needed. Both cash, as well as property, can be used to obtaining federal bonds and they don’t require a bail bondsman. Similar to the property bonds, federal bail bonds are handled by the court directly.