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Criminal Law Questions: How Does Bail Work?

When a person is arrested for a crime, a judge will set the amount of bail based on the severity of the crime and the defendant’s criminal record. If the defendant is unable to pay the amount of the rent, he will remain in jail until his scheduled court appearance. This is a problem for many people who are arrested. A person often has work and family obligations, and being locked up for an extended period of time could lead to difficulties. People in this difficult situation need a bond to be able to get out of custody quickly.

A surety bond is a guarantee between the court and a surety or surety company. The bond guarantees that the defendant will go to court for their scheduled appearance. If the arrested party does not go to court, the surety is responsible for paying the amount of the bond. Many surety companies seek collateral for large bond amounts because the surety must post a bond for a defendant who does not appear.

The fee to secure a surety agent is 10% of the total amount set by the court. Most state governments set the legal amount that surety companies can charge. For example, if the bond is set at $ 50,000, then the defendant would pay the surety $ 5,000. The guarantor’s fee is non-refundable and covers services provided to secure the lease. Most low-cost lease amounts do not require collateral.

Typically, it is a friend, relative, or loved one who first contacts a bail bond company on behalf of the defendant. Being arrested or having a loved one in custody is always stressful. It can also be quite traumatic. Agents have to deal with stressed customers every day and are often ready to help speed up the process. The surety will request basic information to begin processing the bond. The agent will ask for the full name and date of birth of the arrested person, the name of the jail, the city, the date they were arrested and the amount of the lease established by the court. A surety agent can help obtain information that may be unfamiliar.

Some people are surprised to learn that bail is not considered a source of income for the state, nor is it set to punish the defendant. It really is just an incentive for the defendant to appear in court without attempting to flee the law. In most situations, the surety fee is relatively affordable and will not have a major impact on the defendants’ finances. Paying the surety is much more affordable than paying the rent or being locked up for weeks. Obtaining a surety bond from a reputable surety company can be a quick process with minimal hassle.