If you ever get charged and arrested for a crime, a judge will set the bail / deposit for your case. If you can put the cost of the deposit together by yourself, you can go free until your trial date without complications. If you do not have the bail money, you will need to secure a bail bond (deposit). This means contacting a bondsman and paying a fee of roughly 10% of the cost of the bail. You will need to pay that fee in advance. The bondsman will then pay your bail and you will remain free until your trial starts. However, you will not receive the fee you paid back. Generally, there are (2) two types of bail bonds: Secured Bail Bonds and Unsecured Bail Bonds.
Secured Bail Bonds
A bail bond essentially is a loan that allows you to get out of jail. The lender, in this case a bail bondsman, wants to make sure he gets his money back. As a result, he may demand some form of security in the form of real property. If you fail to show up at court, you forfeit the security to the lender. For example, a bail bondsman might demand the title to your car as security. If you show up for trial, you retain your car. If you skip town, however, the bondsman gets to keep the title to your car. Other forms of security might include your house, a piece of valuable jewelry, or even stock in a company.
Unsecured Bail Bonds
An unsecured bail bond doesn’t have any security backing it up. These sometimes are called “signature bonds,” because the only form of insurance the bondsman has is your good name and promise to show up. Unsecured bonds are riskier for the lender, so they’re not available to everyone accused of a crime. You’ll be more likely to qualify for an unsecured bond if you’ve lived in the area for a long time, you have good credit, and you’re accused of a fairly insignificant crime.
The (4) Four Main Pathways to Freedom:
If you or a loved one ever gets arrested for a crime, you may be taken to jail pending trial. Fortunately, in most cases you won’t have to stay behind bars until your court date. Instead, you’ll have the opportunity to pay bail and post a sum of money to be released. The bail amount serves as a guarantee that you’ll present yourself to the court for trial instead of making a run for it. If you show up, you get the money back. If not, you forfeit the money.
This is the most common type of bail bond required for release from a County jail. Surety bail bonds entail paying a small percentage (typically 10% percent) of the full bail bond face amount and pledging collateral for the balance to a bonding company. In exchange, the bail bond company pledges to pay the court the full amount of the bail bond in event of your non-appearance at any subsequent court date(s).
If an arrestee or their representatives are unable to post a full cash bail or the customary percentage required for a surety bond, then a property bond might be the next available alternative. When posting a property bail bond, the court imposes a lien on real property owned by the accused or his or her representative with a value equal to or in excess of the full face amount of the bail bond.
If the accused appears at all subsequently scheduled court dates, the court removes the lien and re-conveys the property to the party (or parties) who own, or posted it as collateral for the Defendant’s appearance. If, however, the accused fails to appear for subsequent court date(s), the court can foreclosure on the pledged property in order to secure the full amount of the bail forfeited.
Although judicial officers set bail bond amounts, the majority of jails and/or local municipalities have pre-established standard bail bond figures to prevent Defendants from waiting days or weeks to see a judge in order to have bond set. Being released “O.R.” (also called being “Released on your Own Recognizance”) merely means that the court will accept a personal pledge to appear for any subsequent hearings as sufficient security for a bail bond.
In O.R. bond cases, it is quite common for the judge to impose certain conditions on the Defendant while he or she is out on bond. A standard requirement is that the accused obey “all laws;” many cases involve requirements that pertain specifically to the alleged crime, however, such as a court-ordered prohibition against contacting the complainant in a domestic violence case.
Rather than being formally booked into a local detention facility immediately following arrest, the witnessing officer may issue a written citation (aka a “Cite Out”). “Cite Outs” are typically used only for very minor legal infractions such as traffic law violations or DUI arrests.
In order to ease the process of jail release, we can assist you with getting a home appraisal that would enable you to qualify for a diversity of (property-based) bail bond options.
If you would like to learn more, please visit the FAQs section, or contact us today to Get Started. Or visit us on LinkedIn. Use our services for managing your appraisal needs in the New York & Connecticut areas.