Our justice system, at its best, should protect civilians, all the while respecting the humanity of the accused. If you have been arrested and arraigned for a crime, you may have the option to prepare for your future court appearances from outside of jail. Of course, the ability to live freely until the resolution of your case comes with a price: You will need to post bail.
Bail, which is set by a judge, is a sort of promissory payment made to ensure that, in exchange for staying out from behind bars for the duration of your case, you will attend all court summonses and comply with the law. The judge may set additional parameters for your bail, but at its basest, in exchange for posting bail, you will have the right to prepare for court outside of jail as long as you remain in the court’s jurisdiction.
However, like much of the legal world, bail bonds can be incredibly nuanced. Here’s a breakdown of the surety bond process in four steps:
- Find a guarantor: In order to secure a bond, you will need a friend or family member who is willing to enter into an agreement with the bond agent. Your guarantor will act as security that you will, after posting bail, agree to attend court when summoned. It is your guarantor who will pay the premium and offer collateral.
- Sign a bail agreement: Your guarantor, also known as an indemnitor, will sign a bail agreement with the agent vouching for the defendant’s appearance in court.
- Pay a premium and offer up collateral: A premium payment is a portion of the total bail, usually 10 percent, given to the agent. In addition to your premium, many agents will ask for additional collateral in items of high monetary value, such as jewelry, cars or electronics. Collateral is returned to the guarantor upon resolution of your case.
- Appear in court: From this point on, after the signing of an agreement and the posting of bail by your bond agent, you will be able to leave jail within a matter of hours or up to a day. However, you must follow any restrictions or stipulations agreed upon with the court; you may not be able to travel and may need to make regular appointments with your bond agent. If you do not follow the regulations laid out by the court or fail to appear in court when summoned, the bond agent has the right to hire a bail enforcement agent who may arrest you and return you to the court’s jurisdiction. If you attempt to skip bail, the premium payment and collateral originally paid may be forfeited to the bond agent.
Bail bonds are, in the end, a service meant to help the accused by giving them the right to prepare for future court appearances without the added emotional and mental stress of jail. When you are able to remain out from behind bars until your case closes, you are given an opportunity to continue living with dignity.
Trevor is a writer with expertise in the criminal justice system. He is committed to helping people navigate this system to the best of their ability, which is why he recommends resources like Expert Bail to those looking for bail bond help and guidance.
Law and legal activities are categorized into two wide areas. Most people do not understand the differences, but the 2 are quite distinct in explanation. Criminal law and civil law are 2 separate and broad entities of law that administer separate sets of the law and punishment. Examples of the criminal law include assault, battery, murder and cases of burglary. On the other hand, civil law concerns cases such as malpractice or negligence. Therefore, a divorce attorney represents parties in civil law.
Difference between criminal and civil law
Criminal law is a body of law that handles legal punishment and crime of criminal offenses. Civil law, on the other hand, is a body of law that is concerned with settling disputes between organizations or individuals or between individuals and organizations, where the compensation is awarded to victims. With this law, the burden of proof is “beyond reasonable doubt”. The burden of proof falls on the government/state. As for civil law, it is “preponderance of evidence”, and is usually on the side of the plaintiff.
This law includes cases of theft, robbery, assault, murder, trafficking controlled substances, etc. Examples of civil law include personal injury, property disputes, child custody proceedings, divorce proceedings, landlord/tenant disputes, etc. A guilty defendant in the case of criminal law is punished by fines and/or incarceration. In exceptional cases, the death sentence is issued. The crimes under the criminal law are divided into 2 broad classes: Misdemeanors and felonies. On the other hand, the civil litigation involves compensation for damages or injuries and disposition of property.
In the case of this kind of law, the case is filed by the government, while in civil law, the case is filed by private party. Furthermore, in the case of the criminal law, only the defendant makes the appeal while in a civil case either of the parties can appeal.
This is concerned with legal matters, rights & needs and disputes of the elderly. The attorneys in this case have knowledge concerning the senior population, their unique needs and myths pertaining to aging and competence. The attorneys are informed about the mental and physical difficulties that accompany the process of aging. As a result of their knowledge, they play an important role in addressing the legal needs and requirements of their clients.
For instance, when planning their client’s estate, the attorney takes into consideration the individual or couple’s health, the possibility for nursing home care and concerns and wishes of the individual or couple.