When a person is arrested, they may be held in custody until their court appearance. However, they can be released on bail after a bail hearing. Bail is a specific amount of money that the court requires to be paid to secure the release of the defendant and ensure their appearance at future court hearings.
Here is how the process typically works:
Arrest: When a person is arrested, they are taken into custody and booked. Bail Hearing: The court sets a bail amount based on various factors, including the severity of the alleged crime, the defendant’s criminal history, and the likelihood of the defendant appearing in court.
Payment Options: To secure release, the defendant or their family can pay the full bail amount directly to the court. However, many people cannot afford to pay the entire bail upfront.
Bail Bondsman: In such cases, a bail bondsman can be involved. A bail bondsman is a person or agency that provides a bond to the court, which is typically a percentage (usually 10-15%) of the total bail amount. The defendant or their family pays the bondsman a non-refundable fee (usually 10% of the bail amount) and/or provides collateral (such as property or assets).
Release: Once the bond is posted, the defendant is released from custody. It’s important to note that if the defendant fails to appear in court, the bail bondsman may be responsible for paying the full bail amount to the court.
Court Appearance: The defendant is required to appear in court for all scheduled hearings. If they attend all court dates, the bond is exonerated, and the bondsman’s liability ends. The non-refundable fee paid to the bondsman is retained as their profit. If the defendant fails to appear in court, the bondsman may hire a bounty hunter to locate and apprehend the defendant to mitigate their financial loss.
