What is Bail?

By Blog No comment

If you’re dealing with a misdemeanor (a criminal offense that can usually be resolved with a fine or a short prison sentence) or a non-violent crime, the person being accused of the crime can post bail. Bail is a kind of security, usually in the form of money, given in order to release the accused person from prison. When you pay bail, it leaves the courts with a guarantee that the accused person will actually show up for their court dates because if they don’t, you’ll never see that money again.

What is a Bail Bond?

If you’ve landed yourself in jail, but you can’t get help from friends or family to pay that bail, you can hire a bail bondsman. For a fee, a bail bondsman will cover your bail and have you out of jail. In most cases, you agree to pay them a certain percentage of the bail amount. This is how they make a profit. Make sure you carefully read the contract you sign. This is a serious situation with serious consequences if you don’t live up to your end of the bargain.

What if I Don’t Appear in Court?

Down the road, if you fail to show up at court on your assigned court day, the bail funds are released and the bondsman may sue you for repayment. If they can’t get their money using this tactic, the bondsmen may send a bounty hunter to track you down and return you to the custody of the court. Sounds fun, right? These bounty hunters are trained to track people down and use whatever means necessary to get them back to court. Bail bondsman have a lot at stake in this kind of situation, especially if your bail was for a significant amount of money. Trying to evade court orders and get out of repaying your bail amount will only get you into more trouble.

Basically, if you’re thinking of skipping out on a bail bond, think again. Getting arrested and put into jail is a serious situation. When you choose to hire a bail bondsman to get you out of jail, you are agreeing to appear in court at your assigned time and get that money back to the bondsman. These are not things to be taken lightly. If you choose to try to skip out on your bail bond agreement, you will not only be in trouble with the law, you will now be in trouble with the bondsman. Just keep things simple by doing what you said you would do and showing up when you said you would show up.

When Can Courts Deny Bail?

Orlando Florida bail is a trade of property or money with a court for releasing a suspect from jail in exchange for the return of the suspect for trial. If the suspect does not appear for the scheduled court date, then the bail is forfeited. It is common in some cases for the bail money to be returned at the end of the trial, if the suspect makes all scheduled court appearances. The money is returned regardless of whether or not the suspect is found innocent or guilty.

Why Would a Court Deny Bail?

There are actually several reasons that would cause a court to deny a suspect bail. Some of the more common reasons for bail denial are: numerous penal code violations, prior escape from prison, or if the judge believes the suspect is a flight risk and will not appear in court. After being arrested a suspect will remain in jail, until a judge reviews the case and decides on whether or not bail will be allowed and ay what amount. Usually, the more severe the alleged crime is, the higher the bail amount will be. If the judge the suspect is a threat to society or a flight risk, then it is very likely that bail will be denied.

The Severity of the Crime

One of the first things a judge will look at, when determining bail, is the nature and extent of the crime. Oftentimes, crimes already have a preset range of bail amounts (known as the assumptive bail rate) for the judge to consider. If a suspect is accused of murder, then under normal circumstances bail is automatically denied.

A judge may also deny bail, if the judge believes the defendant is a flight risk. It is always a good idea for everyone accused of a crime to have an attorney. If bail is possible, a defendant is more likely to be granted bail with an attorney present, who understands the law and is familiar with historical bail precedence. Judges are not fortune tellers and cannot see into the future, so they do not know for certain that a particular suspect will not show up in court. If a Judge denies bail on grounds of flight risk, then it is because of a significant reason.

Obvious Red Flags

There are certain red flags that will cue a judge to believe that a defendant will not appear in court, if bail is granted.

.The court or judge is told by a credible source the defendant will not appear.

.The defendant is cantankerous towards the court.

.The defendant has a prior history of missing court dates.

.The nature of the crime is severe.

.The person is not a U.S. citizen and may simply flee back to their homeland.

.The defendant is an unsupervised person with mental impairment.

Florida  Bail Unless the severity of the crime dictates that bail is not an option, the best thing to do to ensure that bail is granted is to assure the court, the judge, your attorney, and the prosecuting attorney that you have every desire and intent to return to court to stand trial on the appointed date. The more confidence a defendant can instill in the judge, the better their chances of being granted bail.

Can You Post Bail on a Probation Violation?

Getting bail is a privilege the judiciary allows an accused on the assurance that he/she will not violate any of its fixed conditions. Those who disrespect the conditions of their probation are at a serious risk of serving jail time or having to suffer other dire consequences including a restriction on renewing their bail. It is extremely tough to get released on bail when an accused violates their probation.

Probation is a suspended sentence in which a person is required to keep the peace and be on their best behavior – it may include completing drug and alcohol treatment, counseling, and regular visits to the assigned probation officer. Defendants who have a probation violation charge against them are standing against a lot. The rules of evidence are relaxed so that State can bring evidence that was not allowed in the court trial thus complicating the defendant’s case and increasing his/her chances of facing punishment. The court can also place the defendant’s previously suspended sentence into effect and send them to jail immediately.

The conditions of probation are a bit ambiguous and can be interpreted in various ways depending on the situation. ‘Keeping peace and being of good behavior can mean different things for different authorities. If the defendant participates in any other criminal activity whether it is related or not related to their original crime, they are liable to suffer the punishment of probation violation. These are very strict conditions and hence it is essential to hire an experienced criminal defense attorney in such a case.

When a judge reviews a probation violation warrant submitted by a probation officer he sets the condition of release. So he may order that the accused be held without bail or he may increase the bail amount and condition or place more restrictions on the accused. Bail can be posted for probation violation, but the defendant must ensure that they have a strong case in their favor because failure at that trial can have quite a negative effect on their trial as a whole.

In determining whether to grant another bail to the accused a judge goes through the entire list of factors considered to grant the first bail or probation, even more thoroughly. All these are in keeping with Section 1026 of the constitution. The most important consideration is the nature of the crime charged and the circumstances under which the defendant has been accused. The original crime is also kept under careful consideration at this time. The defendant’s character and mental condition is closely studied in one-on-one questioning while scanning his criminal history.

Orlando Florida Bail for Probation Violations

If a defendant is applying for bail post probation violation then he needs to gather documentation to prove that he works somewhere, and that too somewhere respectable. Additionally, collecting documents for any medical treatment or health condition in the recent past is beneficial. Getting drug screens from a walk-in clinic on a weekly basis to be presented the court and letters of support from family, friends and responsible members of the community can help strengthen the case. A detailed report on reasons for violation of the probation and a sincere apology letter can also help the case to a certain extent.

Respecting the period of probation and keeping a close tab on the defendant’s activities is very important. This must be done by the accused himself and his family or friends.

What is Orlando florida Bail Forfeiture?

For most misdemeanors (a criminal offense less serious than a felony that can usually be taken care of with a fine or a short prison sentence) and non-violent crimes, the accused person can post bail. Bail is a type of security, usually money, given in exchange for the release of someone who has been arrested. This payment helps guarantee that the arrested person will show up for future court dates as their case is considered and decided. So, what is bail forfeiture you ask? Well, bail forfeiture is when the bail is released to the court without the possibility of future repayment. Basically, it means you won’t be seeing that bail money again.

Involuntary vs. Voluntary Bail Forfeiture

Bail can be released involuntarily or voluntarily. Involuntary bail forfeiture can happen when a person fails to appear at court after they have been released from custody. Unless they have a good reason for missing their scheduled court appearance, they lose their bail money. The case isn’t over yet, though. Failure to appear in court means a warrant is issued for the arrest of the defendant. With this new arrest comes a new bail amount that the defendant will need to cover in order to be released again.

When the Defendant Can’t Pay the Bail Amount

It’s not uncommon for a defendant to need help posting bail. Often, funds are posted by friends or family members. If bail money is released to the court because of involuntary bail forfeiture, those who originally paid the bail will have to get paid back by the defendant. If the defendant hope to use the bail amount to cover court costs with a voluntary forfeiture, the court will need to get authorization from the person who posted the bail in the first place.

If a defendant can’t get help from friends or family, they can also chose to hire a bail bondsman. Bail bondsmen will cover the bail amount for a fee. Usually, they get paid a certain percentage of the bail amount. If the defendant doesn’t show up at court when they’re supposed to and the funds are released involuntarily, the bondsman may sue the defendant for repayment. If this doesn’t work, the bondsmen may get permission from the court to delay forfeiture and send a bounty hunter to find the defendant and return them to custody. Not a good situation.

If you need to post bail, whether for yourself or for a friend or family member, it’s good to understand the ins and outs of bail forfeiture.

What to Consider When Posting Bail in Orlando florida?

Posting bail in Salt Lake City requires preparation. A bail is an amount that is set by the court as an assurance that the accused will appear in court after the initial release. Every day, a significant number of individuals face legal charges, and most of them do not have the financial capacity to post bail instantly.

Factors When Posting Bail

The Bail Reform Act, which was signed by President Lyndon B. Johnson, clearly states that “a man, regardless of his financial status, shall not needlessly be detained, when detention serves neither the ends of justice nor the public interest.”

The Bail Reform Act assures the right of every citizen to post bail. However, the process of posting bail these days is quite daunting. Aside from the tedious process, you also need to prepare money, collateral, and a bail bondsman.

MONEY

Whether you have committed a crime or not, posting bail is costly. Based on the rules of the United States Supreme Court and the Federal Rule, community safety and court appearance are two legitimate aims for bail.

In addition, court judges must carefully calculate the amount of bail by taking into account the nature of the crime, family background of the accused, work history, substantial evidence, character, as well as the mental and financial stability of the defendant.

COLLATERAL

In case you do not have sufficient funds for posting bail, you can use your car, home, property, tools, jewelry, and credit card as collateral. Under the Florida Administrative Code, you are allowed, if necessary, to provide collateral in securing a bail bond.

To illustrate this more clearly, imagine that you are required to post bail, which is set by the court at $5,000. Generally, 10 percent of the entire amount must be paid immediately and it is non-refundable. After this, the remaining amount should be deducted as it will serve as collateral for your bail bondsman.

BONDSMAN

A bond agent, or commonly known as bail bondsman, is either a person or a company that can help you secure your freedom temporarily while you await trial. Essentially, the main responsibility of a bail bondsman is to make sure that you as a defendant will be able to appear in court if required. Serving as a liaison between you and the court, a bail bondsman can also assist you financially.

When your funds are inadequate, your bail bondsman can pay 10 to 15 percent of the entire bail amount. Then, you will have to provide collateral for the remaining amount to your bond agent. Posting bail is often a lengthy process. You can save time if you seek the services of a bail bondsman.

If you were charged of a crime in Orlando florida, you may need to contact a criminal defense lawyer to act as your legal aid, especially when you expect a bail hearing.

Nelson fucien is the President of nelson Bail Bonds in Orlando Florida. He and his team work hard to ensure that nobody spends more time in jail than they absolutely have to

Secured and Unsecured Bail Bonds

Everyone in jail wants out, and most the time you are able to arrange a bail to get out as long as you art still awaiting sentencing. With an established law in Florida and a great business ethic, places like nelson Bail Bonds of Florida, are able to help people get out of jail and go free until it is time to go to court. This is only possible when an individual has a bail set and is that bond is able to be paid for release. The amount of bail is not always the same for each individual and will be determined based on the person, their history and the crime, but there is one thing that is the same, and that is the desire to pay it as quickly as possible. This is where nelson bail bond comes in. We pay the bail and allow for the release of the person in question, with a promise that they will appear to court until sentenced. When looking to post a bond, you will find that the two most common types of bonds are, secured and unsecured. While they both allow for release, they do have their differences.

Secured Bond

One type of bond is the secured bond. These bonds are paid by offering up some form of property that is around equal value to that of the bail. This ensures the courts that they will receive the total amount they are due for the release of the person and raises the chances of them appearing for their court date. When choosing a secured bond, it is important to remember that you are signing off something you own to the courts. If the person who was arrested does not appear for their court date, the property will not be given back. Depending on the value and importance of this property, that can become problematic. If you are bailing someone else out of jail with a secured bond, you should be sure that they will return for their court date. If they do not, you are losing valuable property.

Unsecured Bonds

Unsecured bonds are similar to secured, but without any property or collateral being used. It is more like a promissory note to pay the bail if the person does not show up, therefore releasing the person based on trust, or more commonly referred to as a signature bond. This is more of a risk to the bail company, for obvious reasons, which is why it is not often used by most bail companies, especially not for more severe crimes. Nelson Bonds takes pride in understanding that not everyone has the collateral to use and may need an unsecured bond on more serious crimes. We do our best to work with the individual that is in custody, and treat them like they are a person and not a dollar sign.

Florida law requires bail companies to charge you a mandatory minimum of 10%, therefore you may find it more beneficial to use property or collateral in order to arrange payments, if you are short on the initial payment. There are many variables that play into bail, and deciding which would be best for you and your loved ones.

Nelson Bail Bonds of Florida is an upstanding business that can help to provide a bondsman as well as help you decide if posting bail is the best option. Let us start you on your way towards freedom. With everything there to help you, you can avoid issues and get back to your life quickly. DON’T LET A MISTAKE RUIN THE REST OF YOUR LIFE.

Turning Yourself In: What You Need to Know Before You Go

Did you recently find out that there is a warrant out for your arrest? Maybe you missed the hearing because you never got the notification or something came up and you couldn’t make it to your court date. Whatever the reason, if there is a warrant out for your arrest there are a few things you should do before turning yourself in.

Is Hiring a Lawyer is a Good Idea?

When you are in legal trouble, generally it is a good idea to have legal representation. A Orlando lawyer can walk you through the process, give you advice, and make sure that you know your rights. A lawyer will work to protect your rights while also take the steps to start mitigation as well as give you insight on how to prepare for court.

What Do I Need To Know About Turning Myself Into The Police?

There are a few things that you should find out before you turn yourself in.

.What Are You Being Charged For?

.What will the Bond Amount Be?

What is the Maximum penalty under Florida Law?

.If you are under probation, will these charges violate your probation?

The amount of time spent in the pre-trial is mostly dependent on the severity of the charges against you. It also boils down to your ability to post bond, and No Bond holds that may be in place, and the staff schedules. By contacting a criminal defense attorney before turning yourself in.

Getting Bonded Out of Jail After I Turn Myself In

If the bond amount is unreasonably high, your lawyer may be able to get it reduced through a bond reduction hearing. This is where your lawyer can present information to the court to argue why the bond amount should be lowered. Sometimes, you can get released from custody without ever needing a secured bond.

Can You Bail Yourself Out Of Jail?

If the accused is financially able to pay for their bail at the time of their arrest, they can bail themselves out and be the only cosigner. However, since bail is cash bail, the accused must have the full bail amount in cash on hand at the time. This is not necessarily plausible for most people and is not all that common. Posting a bail bond by a surety company is. If a friend or family member has the cash available, they can pay the defendant’s cash bail. However, if posting cash bail is not possible, people turn to a bondsman. While this is usually done by a friend or family member of the defendant, the accused may pay for the bail bond themselves in some cases. The circumstances that may make it possible to post your own bail bond include: A first-time offense, long-term residence in the community, good credit score, currently holding a stable job, and if you own a home that is in your name and holds equity equal to or greater than the bail amount. However, if you do not have a job, you are new to the area, your credit is poor, and you do not have any family or friends in your community, the bondsman will most likely ask if they can contact someone else to see if they can help handle the bail bond process for you.

Leave a Reply

Your email address will not be published. Required fields are marked *

<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>