When you get arrested for a particular offense, charges for the offense will be brought against you. When you are arraigned in court, and the charges are read out to you, you are required to take a plea. However, before the determination of your case, you may remain in custody for the period of the trial. Fortunately, the law allows for bail posting. This is a concept where you are required to deposit a certain amount of money or property with the court. This is meant to secure your release, pending the completion of your trial.
Because an arrest is usually not planned for, most people find that they are unable to post bail when the amount is too high for them. Luckily, there are licensed bondsman agencies that can help you pay your bond at a fee. If you are in Las Vegas and find yourself in this situation, Express Bail Bonds will help you post your bail and continue with your trial while free.
Overview of Bails
As earlier stated, bail acts as security that an arrestee will come back to court and sit through their trial until it is completed. The arrestee, if in a position, can post the bail themselves, use a family member to post it, or seek the help of a bondsman company. It is important to note that bond is not a penalty or punishment for the crime, but a way to release the defendant from custody as they go on with their trial.
Each jurisdiction has its bail schedule that guides the amount of bail an arrestee will be asked to pay. Additionally, the arrestee is given certain conditions, just like a person sentenced to probation is granted. A violation of the bail conditions can affect your freedom and the bail you posted.
Obtaining your Bail Money from the Court
As earlier stated, bail is not a penalty or punishment for the alleged crime committed. When you pay bail, you have a right to get your money back as long as you did not violate the bail conditions or terms set forth. The verdict from the trial does not affect your bail in any way. However, after the completion of your trial, you will be faced with two possible outcomes: the bail money can be refunded back to the one that posted bail or forfeiture of the bail amount.
Refund or Release of Bail
Bail refund is not based on the outcome of your criminal trial. After your trial, the bail money is refunded to the payer. How the bail is repaid, however, will depend on the type of bail issued and the payment jurisdiction.
If the bail posted was in cash, the bail money is released after a few weeks. When the defendant used property to secure their release, the court will issue a lien on the said property. To release the property will also take a few weeks after the conclusion of the case.
If, however, the trial was in a federal court, you will not automatically get your bail upon the conclusion of your case. In this case, the person that posted bail is required to file a petition seeking the release of the bond money. If a property bond was used, a petition is also required. This is registered with the court to issue a lien on the property.
After the release of the bail, the court will always keep some amount from it as an administrative fee.
Sometimes, a defendant, after being released on bail, can fail to attend the court hearing as required. Other times, the defendant may fail to comply with the various conditions of their bail release. When this happens, the amount used for bail is forfeited.
For instance, if you were released on a $2,000 cash bail, failure to comply with the conditions will see you lose the $2,000 you posted as bail. If a property was used to secure the defendant’s release, the court orders foreclosure or repossession of the property to sell it at an auction and recover the bail money.
However, there is still hope for a defendant that has failed to appear in court forfeiting their bail. The defendant can, through their lawyer petition for the reinstatement of the bail instead of sacrificing it. But, for the request to be granted, the defendant must show a good reason why they missed court.
Getting your Bail Money From Your Bail Bond company
As earlier stated, when you do not have money to post bail, you can seek help from a licensed bonds company. A bondsman, however, will charge a fee for the services provided. Additionally, the bondsman will require the defendant or the person posting the bail to sign a security agreement or give collateral.
When the defendant complies with the bail conditions, at the end of the trial, the company will release the collateral held or lien out of the security agreement. However, the fees to the bonds company that ranges between 10% and 15% of the bail amount must be paid or are held by the company.
Bounty Hunters and Bond Forfeiture
When you use a bonds company to post bail, and you fail to appear in court, the bondsman has the mandate to look for you and physically present you before the court. The court will generally allow the bondsman time to find you when you violate your bail terms. If they find you and present you to the court within the time, the bondsman will not be required to pay the bail amount in full.
To track you down, a bondsman may hire the services of a bounty hunter, also known as bail enforcement agents. Bounty hunters like bondsmen are not employees of the government. Hence they have no general arrest powers. However, they can arrest a person that used their services and present them to court.
In the security agreement, you or your representative signs with the bondsman, it allows them to enter your home and arrest you or take action against you. If the bonds company is unable to locate you within the given time by the court, they will be required to pay the court the full bail money.
To recover from this, the bondman can auction the collateral given to them to recover their money paid to the court and the fees to the bounty hunters. This will mean that even if another person gave their collateral as security, they lose it because of your bail violation.
Find a Bail Bond company Near Me
The bail process is not as straightforward as many assume it is. Often, the bail amount set is usually high, and the defendant is unable to raise it. The financial risks associated with posting bail are also high, without thinking of the consequences of a criminal trial. Knowing that there is help to get bailed out can be a relief for many defendants. When you are ordered to pay the bail that is not within your reach, talking to Express Bail Bonds in Las Vegas will ease your burden. Call us at 702-633-2245, and let us help you get released.