Collaboration is essential to achieving fair outcomes in the criminal justice system. Many defendants overlook a common collaboration between an attorney and a bail bondsman. These parties collaborate to ensure your prompt release, adherence to pretrial terms, and adequate preparation for court proceedings. Here are the unique roles of each of these parties in the bail process and how they work together for a prompt pretrial release.

Bail Process

The bail process starts with an arrest for an offense. The arresting officer then places you in custody, where you undergo booking.

Depending on your case’s circumstances, you will remain in jail until you are presented before a judge or magistrate for the arraignment hearing. Usually, most courts have no separate hearing for bail, as the judge rules on bail during arraignment after charges have been read to the defendant, although some courts hold separate bail proceedings. The court’s decision on bail hinges on several factors, like the gravity of your crime, criminal record, flight risk, and ties with the community.

If the judge grants bail, they will set the figure you should deposit to exit pretrial detention. Bail is a security to guarantee you will comply with pretrial release terms, including attending court when required.

Responsibilities of Your Bail Bondsmen and Defense Attorney

Your bail bonds company and attorney play different roles in the bail process. These roles are:

Bail Bondsman Roles

When bail is more expensive than you can afford, you can avoid continued pretrial detention by partnering with a bail bondsman to finance the release. The company deposits a bond for you and promises to owe the court an equivalent amount if you skip trial.

Bail bonds enable defendants who cannot afford bail to post it and exit custody at a small fee. The nonrefundable fee is typically accompanied by collateral requirements, depending on the case. That way, when you skip court and forfeit the bond, they can seize the collateral and auction it to recoup their losses.

A bail bondsman can be an individual or a company. Because they are in business for profit, they will come after the car or real property that you or your cosigner deposits as collateral. If the bond is forfeited, the bail bondsman can seize and sell the collateral. When they sell the property, it is a loss for you or your loved one who put up the security.

However, the bail bondsman's primary interest is not to make a profit from the sale of property utilized as collateral. The 10 to 20% premium fee typically constitutes their compensation. Therefore, they go to great lengths to ensure you comply with pretrial release terms, including attending court to avoid a forfeiture. They will often call you to remind you of upcoming court hearings and even pick you up when possible to present you in court. If the bounty hunter finds and presents you in court, they receive payment from the bail bondsman. The fee paid depends on the case’s complexity and agreement

If you manage to skip court and flee town, the bail bondsman is responsible for sending a bounty hunter after you to find and present you in court for the hearing. A bail bondsman plays a crucial role in the case because the chances of skipping court or breaching other pretrial release terms are minimal, as they have invested in your compliance.

Defense Attorney Roles

The first call you make after an arrest or learning of a pending warrant is to your criminal attorney. The lawyer represents your interests throughout the case, including securing a pretrial release on bail or own recognizance.

When you call your attorney, they will first inquire about your charges and start working on your release. Typically, they will advocate for your release on bail. If the amount provided in the county bail schedule is hefty and you cannot afford it, the attorney will request a reduction or release on your own recognizance in the bail hearing. The attorney will present relevant arguments to advocate for ail reduction or OR release. They can also present factors like strong community ties, a clean criminal record, and a first-time misdemeanor offense to convince the court to release you without paying bail.

When the court releases you on your own recognizance or affordable bail, the attorney will convince the judge to impose lenient release conditions that you are less likely to violate, leading to rearrest. With the help of an attorney, you could avoid stringent bail conditions like electronic monitoring or travel restrictions.

Arrests come with a lot of anxiety because you could be thinking that you will remain in pretrial detention until trial. However, an attorney will eliminate the anxiety by offering legal guidance, explaining the bail option, and securing release pending the trial.

Once the court grants bail and sets conditions, your attorney will explain the terms of bail to ensure you understand what is expected of you once you regain freedom.

Again, if the court denies you bail, depending on your case’s facts, your attorney will appeal the decision to ensure you are eligible for bail. After the court grants bail, the attorney will partner with the bail bondsman to finance your freedom.

How the Bail Bondsman and Defense Attorney Collaborate

Your attorney and bail bondsman often collaborate for a prompt pretrial release. Usually, after an arrest, you call an attorney who advocates for your release by attending the bail proceeding and arguing in favor of an OR release or reduced bail.

If bail is higher than you can afford, the attorney refers you to a bail bonds company that will provide the financial support you require.

After you find the right bail bondsman, your attorney communicates with the experts and provides them with all the information they require to streamline the release process.

Finally, the attorney and bail bondsman will emphasize the need to obey bail conditions to prevent rearrest and safeguard the company from bond forfeiture, which would lead to financial losses.

Find a Competent Bail Bondsman Near Me

Your bail bonds company and criminal attorney play critical roles in your pretrial release on bail. The attorney works hard to ensure the court grants bail and reasonable bail terms. On the other hand, the bail bonds firm deposits the surety bond to guarantee that they will repay the full bail if you fail to appear in court. The collaboration ensures a prompt release. At Express Bail Bonds, we collaborate with the best defense attorney to provide a streamlined release. Call us at 702-633-2245 to post bail in Nevada.