When an individual is arrested, they are given a ticket with a court date, showing the signed promise to appear in court, or the individual will go to jail. Posting bail is necessary in order to get out of jail. Once the court has the money needed for bail, the individual is released “on bail,” meaning they will appear in court on the given date. Payment needs to be in cash, money order, or cashier’s check. Defendants can post their own bail, or they can work with a bail bondsman to post bail. There are multiple aspects that go into bail, the amount, and how it works. Here are some important facts about bail, and why it is important to understand everything prior to posting bail for another person.
When the court is setting the bail amount, they will take multiple things into account. The judge or magistrate will examine the nature of the crime, the criminal history of the individual, and other circumstances (crimes of malice and violent nature along with risk to the community are other considerations). The weight of evidence against the defendant is another factor. If the person has skipped bail in the past, or there is concern about flight risk, they will have a higher bail amount set for them.
Threat to the Community
If a person is deemed a threat to the community, there is going to be a situation that is challenging for the judge to determine bail based on the evidence. In some cases, the judge will decide it is best to hold the defendant without bail in order to prevent them from skipping bail. Defendants may also have conditional bail agreements that are related to a concern of the defendant holding a firearm, or they need to have alcohol and drug testing while on probation.
How a Bail Bond Agent Works
Bail bond agents are available to assist with posting bail. Once the bail is set, the bail bond agent will post the bail, in exchange for a nominal fee based on the total bail. The bail bond agent then agrees to pay the remaining amount to the court if the defendant fails to appear in court. Since the bail bond agent is now in charge of the bail, they do have the right to come after the defendant and return them to jail if the individual skips out on their designated court date.
Failure to Appear in Court
When a person doesn’t appear in court for their appointment, it does cause problems for multiple parties. A fine established for failure to appear, and the person is normally imprisoned again if they are caught by law enforcement or by the bail bond agent. There must be a valid defense as to why the person was unable to appear for their designated court time, if not, there will be consequences.
Contact an Attorney for Legal Assistance
If you are concerned about a loved one who was arrested, consult an attorney prior to posting bail. When a person posts bail, they are accepting a lot of financial and personal responsibility. A criminal defense attorney will be able to assist in providing sound advice as to whether or not you should bail someone out of jail. If you do need assistance posting bail in Ogden and surrounding areas. contact AAA Bail Bonds. Our experts are here to help guide you through the bail process.