WHAT ARE SOME COMMON MYTHS REGARDING BAIL BONDS
- Guest Posts
- April 28, 2021
When one is arrested, their life is put on hold unless the requisite bail is paid. Bail is a safe option to restore normalcy and return to one’s daily schedule before the trial. However, misconceptions and unpopular ‘opinions’ cloud the activities of the bail bond industry and the working of bail itself. In order to debunk such baseless information, it is important to know the reality. Continue reading this article to find out more about the type of misconceptions people have regarding the whole bail process.
Myth #1 One Automatically Qualifies for Bail: The arrestee may be required to stay in custody until certain formalities are completed or conditions met. For violent or repeated offenses, one may be completely ineligible for bail. The court has the final say on the eligibility and amount of bail, and no third party, not even the police, can interfere.
Myth #2 Must Post Entire Bail to be Released: One is allowed to pay their bail themselves. However, this means one has to support payment of thousands of dollars upfront. In California, one must bear heavy court fees and fines, and legal expenses to hire representation. Thus, it is advisable to save money for those instead of spending it all on bail.
- Trustworthy, personalized bail bonds in Sacramento can come to your rescue. One pays a small percentage of the entire amount to the bail bondsman, who then takes care of the rest. From posting the application to seeking a release permit from the detention center officials, they take complete responsibility for a speedy, hassle-free bail.
- This arrangement comes with a few requirements; the most vital is turning up on the trial date set by the court.
Myth #3 Bail Bonds are Expensive: As reiterated above, bail bonds are priced at an affordable rate of only 10-15% of the bail amount. Charging any higher is illegal under the law.
Myth #4 The Bondsman Negotiates the Amount: The bondsman has no control or influence over the amount of bail stipulated by the court. Usually, a bail schedule or algorithm is used to reach an initial value. Depending on circumstantial evidence and prior criminal history, the judge may adjust this value as per their discretion.
Myth #5 Only Cash is Accepted: While you can pay in cash if you want, you are not obliged to do so. Bail agencies also accept credit or debit cards, certified or cashier’s checks, traveler’s checks, money orders, or net banking.
- One may also have the option to pay in installments. Under this option, one has to make a minimum deposit and then send in weekly payments. Regardless of the outcome of the trial, one is required to cover the entire bond fee.
- However, it is up to the bail bond business to accept this method. Other financing solutions are also available–contact your agent to set up a personalized plan based on your needs.
Myth #6 Service Fees are Refunded Post-Trial: The most commonly known misconception is: if the defendant is acquitted, they get their payment back. However, one should remember that the bond fee charges are set and regulated by state law. As a result, no matter what the court decides at the trial, the 10% fees paid is non-refundable. Any property collateral or securities pledged outside this, however, will be returned.
Myth #7 One Gains Complete Freedom during Bail: Perhaps the most dangerous assumption is that a bailee has the same rights as everyone else. Bail conditions spelled out in the legal contract restrict several rights in terms of movement and activities permitted. The bailee is legally required to contact the court official & law enforcement agency whenever required. A defendant must attend all court stipulated hearings. Moreover, they must stay within their housing premises or any address determined by the court and maintain a curfew.
Travel is prohibited unless there is an emergency and permission is required beforehand. They might be required to hand over their passport and official travel documents. They should avoid contacting any witness, victim or co-arrestee. Lastly, they should avoid substance abuse and places where these are served. Tampering with evidence or even a mere attempt to do so is illegal.
If one defaults on these conditions, an arrest warrant may be issued. In such a case, one can be required to post another bail, or the previous bail may be revoked and further bails denied. Reliable bondsmen in Sacramento, California can help with the entire process from A to Z. Their offices are spread across the city and ready to provide 24/7 assistance to under-trials.