After an accused person has been arrested and charged with an offense, he or she may secure a release from jail by obtaining a bond or posting bail.
The judge will set the amount of bail depending on a number of factors such as the seriousness of the crime, whether the defendant poses a flight risk before the trial date and whether they pose a danger to themselves and to the society at large.
There are two outcomes when a judge determines bail. They can either grant bail or deny the bail altogether. When granting bail, the judge may set it at a higher or lower amount depending on the factors listed.
However, many people fail to understand the differences between a bail bond and bail. This article aims at distinguishing the two. Read on to find out more while in Austin.
A bail is a certain amount of money set by the presiding judge which after posting in court will secure the defendant’s release. This amount acts an insurance to the court to ensure the defendants return for court proceedings at a later date.
However, not everyone is able to afford the bail amount set by the court. This is sometimes due to the high amount of bail set by the court. For this reason, the defendant may have to seek the services of a bail bondsman or a bail agent who can post the bail for them.
A bail bond is a form of a surety bond which is offered by a company dealing with surety bonds. You can get a bail bond either through a bail bondsman or a bail agent.
Bail bonds come in two types:
As the name suggests, this type of bail bond is used in criminal cases. With this type of bond, the court is guaranteed that the defendant will appear before court when called upon. This bail bond will also take care of any penalties and fines imposed on the defendant by the court.
This type of bond is issued in civil cases and it will guarantee the payment of the costs, interest and the debt as assessed.
If the defendant fails to adhere to the bail bond terms set by the court, he or she will have to forego the amount paid. This means you cannot claim the bail bond. Also, the company that secured the defendant’s release will have to forfeit the money.
After the defendant is arrested, they will be arraigned in court and the judge will set a bail amount along with some conditions which the defendant needs to follow. The defendant will have to pay the amount in full in order to secure their release.
The defendant can get a low bail amount if they have no previous criminal history.
However, here are some of the possible outcomes in a bail hearing:
This type of release doesn’t require any amount of money.
Instead, the court will grant freedom to the defendant after they sign an agreement requiring a promise to the court that the defendant will attend court proceedings in the future.
This means the responsibility of keeping the promise lies squarely on the defendant.
The defendant will secure their release after signing a bond. In the bond, the defendant is held liable for civil and criminal penalties if they fail to appear in court.
The defendant will secure their release after posting the bail amount set by the court.
This can be done in one of two ways. Either through a surety bond offered by a bail bond company or paying it directly.
If the court identifies a possible flight risk, it will deny the defendant bail. Another reason that could see the accused denied bail is if they pose a danger to themselves and to the community at large.
After the judge sets bail, the defendant can pay the bail, but if they’re unable to, they can seek the services of a bail bondsman who will post bail for them.
To get help from the bondsman, the defendant needs to pay a 10 percent deposit of the total bail amount.
After that, the bondsman will pay up the remaining amount with some form of security.
In the event that the defendant doesn’t have any collateral, the bondsman will turn t close friends and relatives.
This is what happens after the defendant secures their release.