A bail bond is an agreement between a defendant and a bail bond broker or agent. The bail bond is designed to ensure the defendant appears in court and completes the terms of his or her recognizance. Once the terms of recognizance have been fulfilled the bail bond then becomes due and payable by the defendant to the bail bondsman. The bail bond is normally set by the court or by a special judge called a “bail judge.” Visit us for great deals in Connecticut Bail Bonds Group
In most states, a bail bond is a legally binding contract involving the court and the individual or entity undertaking the obligation. A bail bond broker or agent acts as an intermediary between the defendant and the court. When the defendant goes to court, the broker or agent presents the defendant with a bond amount. This amount is usually based on the current financial ability of the defendant to meet his or her obligations, if known at all.
The process is usually followed by the bail bondsman to post the amount of the bond, with the posting occurring either in person or through the posted bail bond agent. Once the amount of the bond has been posted by the bail bond agent, the collateral, often a house, vehicle or other property, is issued. At this point, the defendant must come before the court and explain why he or she did not appear as required.
Some states allow a criminal to post bail from his or her own savings or checking account. Others require that the defendant provide a surety bond, which is a form of liability insurance. Other states do not require a surety bond, although most criminal defense lawyers choose to charge their clients with a surety bond. A surety bond relieves the accused of personal liability in the event that he or she cannot appear at his or her scheduled court date. It also allows the accused time to research possible legal representation, conduct interviews with potential attorneys, obtain documents and perform other preparatory tasks necessary for trial. If the accused violates the conditions of the surety bond, or is found to be in default of the conditions of the surety bond, the state can revoke the bail and have the defendant return to jail.
Some states allow bail bondsmen to request a court date, even though the date is already set. For example, a judge might remit a guilty plea to someone who has not presented any proof of financial responsibility. If the defendant has failed to appear at the scheduled court date, the judge may issue a bench warrant for arrest. The warrant will be valid for a specific period of time that has already been set by the judge. If the accused is unable to appear at his or her scheduled court date, the warrant will be renewed until the defendant appears at court.
Some states allow bail bondsmen to request additional court appearances by the defendant. These additional court appearances are done in lieu of actual court appearances. For example, if a person does not have enough money to post a bond, the bail bondsman can request that the clerk of court set additional court appearances by the defendant. This is an acceptable substitute for actual court appearances because the clerk cannot increase the amount of money needed to post the bond.
Some states allow bail bondsmen to submit written guarantees to ensure that defendants will appear in all court proceedings. These guarantees usually specify that the defendant will appear in all criminal proceedings and process. This is an indication that the defendant is attempting to have his or her case handled through the judicial system instead of relying on self-representation. In addition, it shows that the defendant is being serious about appearing in court and accomplishing a favorable outcome.
In some jurisdictions, the state requires the presence of an attorney for defendants that are charged with a crime. These attorneys are known as bail enforcement agents. When dealing with criminal charges, the state uses bail bonds to ensure that the defendants do not flee from justice. It is the job of the bail agent to obtain a guaranteed amount of money based on the bail bond and post it to the court. If the defendant does not appear in court, the bail bond will be revoked and the defendant will be returned to jail. If a defendant does appear in court and the court proceedings happen according to schedule, the court will issue a warrant of arrest.