A Concise Guide on How Bail Bonds Work

Bail bonds are usually issued to those charged with a crime, and this particular bond helps the accused to stay out of jail until they are taken to trial. Different states in the U.S. have slightly different rules when it comes to bail bonds, but the basic etiquette is the same across all cases. Bail bonds can either be posted by a loved one – family, friend, relative – or by a bail bond service firm.

Learning about the inner workings of bail bonds and their issue orders are important for those who have been charged with a crime or those who are planning to post a bail bond on behalf of a friend or family. The following is a step-by-step guide on how bail bonds work:

• What Exactly is a Bail Bond?

The very first question one may ask is what is a bail bond and how does it help? When a person is accused of a criminal act, they are usually jailed by the police. However, the judge who has been assigned to their case often issues a bail bond to the accused by the request of the latter. The bail bond is a written ‘promise’ that the defendant will return to the court when the trial starts after depositing a certain sum of money to the court, which will be forfeited if the defendant fails to appear on the assigned court date. If the defendant appears on the due date, the bail amount is returned back in full.

• Conditions for Bail Bond

Not all accused are eligible for bail; the severity of the crime is a crucial determining factor that sets the conditions for the amount of bail posted, or if the bail is available at all. For example, extreme crimes like murder, where the defendant is already proven guilty, are often rejected for bail. Accused persons for those crimes are not allowed any kind of bail or the bail amount is set astronomically high to discourage an attempt to post bail amount. The judge has the final say when issuing a bail bond and he/she may choose not to issue any bail bond if there is overwhelming evidence that the accused is really guilty, or if the accused may be a danger to the community.

• Bail Amount in San Diego

Every state in the country has its own set bail amount that is recommended based on crimes committed. For example, here are the typical, minimum bail amounts set in the state of San Diego:

Ø  Cases of hit and run resulting in one or more injuries or deaths: $10,000 or more

Ø  Driving with suspended/expired/revoked license: $1,000 or more

Ø  Repeat offender in the above case: $5,000 or more

Ø  Speeding above speed limit/illegal street racing: $10,000 or more

Ø  Armed robbery or an unsuccessful attempt to do so: $50,000 or more

Ø  Violating a restraining order: $50,000 or more

Ø  Weapon-based assault: $100,000 or more

Ø  Possession of illegal drugs: $30,000 or more

The amounts mentioned above are the typical bail amounts requested for the crimes mentioned. The amount may increase or decrease depending on the severity of the crime.

• Posting the Bail Amount

After the judge has issued the bail amount and set a court hearing date, the next step is to post the bail amount. Usually, there are three ways to do it:

Ø  Post the bail amount yourself, or ask for help from family, relatives, friends or colleagues.

Ø  Put up property for lease and post the bail using that.

Ø  Take help of professional bail bondsmen who are in the business of providing bail bonds to their clients.

Bail bond service firms employ bail bondsmen who offer to pay the bail amount in full on behalf of the client. In return, the latter will have to sign a contract and post some form of mortgage that is worth the bail amount posted. If all goes well and the client shows up at court on time, the bail amount is returned by the court in full. The bail bondsmen keep 10% of the bail amount posted as service charges, which is usually paid by the client in advance before the bail amount is posted. For example, for a bail amount of $1000, the client will have to pay $100 as a service charge, after which the bail amount is posted to the court.