by Even though you have heard a lot about bail bonds everywhere, it still doesn’t mean you fully understand the law and regulations about them. Many people are unaware of how the court system goes and are often surprised about how long the process is or even the high fee.
Understanding the Process
A bail is part of the court process. It started with the police making an arrest and booking the defendant in the detainment center. During the booking process, the police will record the defendant’s IDs such as pictures and fingerprints.
After the booking process, the defendant will go to the preliminary hearing court. They will hear their charges and the judge will set bail based on the severity of their crime.
The defendant then pays the bail to be released from the jail. And they must appear on all of the court dates that they set. In many cases, the defendant can’t move to another city or even travel.
Types of Bail
In general, you can divide the bail into cash, secure, and unsecured bail. The most common bail is cash bail, but it doesn’t mean that it’s the only option. There are several other bail types that the judge may set. Again, it all depends on the crime’s severity and any previous record.
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1. Property
As the name implies, the property bail means the judge sets the bail upon the defendant’s possessions. It ranges from real estate, jewelry, or even stock and bonds that are worth equal to or more than the bail amount. The property bail often happens when the crime is deemed too high and therefore the court decides to hold on to the property until they conclude the case.
2. Surety
This bail means that the defendant hires a bondsman to pay the bail. The bondsman will act as guarantor and charge the defendant some fee for their service. In this bail type, the defendant also must put collateral on the bondsman in exchange for their bail. When their case is concluded, they will get the collateral back.
3. Cash
Most judges set the bail as cash bail for the defendant. Many considered this to be the easiest method and most applicable to everyone. Anyhow, the amount of bail depends on the crime and the defendant’s criminal history. When a defendant has numerous criminal records, the judge will set a higher cash bail.
4. Recognizance
It’s quite rare, but the judge may allow a recognizance bail, which is only a written statement from the defendant. In this statement, they act as the guarantor and will provide the necessary proof that they will commit to the law proceeding.
This type of bail is also known as Recognize Own Records or ROR. More commonly happens when the defendant has a good record in society with a low flight risk.
The booking and setting of the bail process don’t take a long time. You can return home within 24 hours after you post your bail. Anyhow, the following procedure can take up to a year. Especially for a complicated case that requires numerous witnesses to take stands. On average, it takes between six months to a year until a case is concluded.
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