What Actually Is A Bail Bond?
Bail is the amount of money the court believes will insure the return of the defendant to all requisite court appearances. There are two ways to a post a bail. One is to pay the full amount of bail in cash to the court or jail. Most jurisdictions require cash as in real cash dollars money order or cashiers’ check, no credit cards, debit cards, or personal checks will be accepted. If a defendant cannot post full cash, they may then purchase a bail bond. A bail bond is a document that is posted with the court or jail in lieu of cash. A bail bond can be secured from a licensed bail agent. There are two parts to a bail bond. The first part is the premium which is usually 10% of the total amount of bail. This is a non-refundable amount paid to the bonding company to purchase the bond. The other element is to establish some form of collateral or security for the full amount of the bail.
This can be a done by pledging an asset, such as equity in real estate, a car title, credit card authorization or a promissory note. If the defendant misses a court date and does not reschedule or cannot be located, the court will then demand the full amount of the bail from the bonding company. The bonding company will then liquidate whatever security has been pledged in order to make the court whole and to not suffer any loss. The whole point is that the defendant must make any and all court appearances and do so on time. When that has been done, the bonding company is exonerated from any liability and any collateral pledged is returned in full to the person who purchased the bond.
How Do I Get Out Of Jail? How Does The Bail Bond Actually Work?
A person is arrested by law enforcement officers and detained in jail. This happens when officers have probable cause to believe a crime has been committed or by virtue of a warrant. If the arrest is based on a warrant, bail usually has been set by the court that issued the warrant. If the person has been arrested on probable cause, there will be a court hearing held on the next court day. At that court hearing, probable cause will be established and bail will be set. The defendant, his or her friend, relative, attorney will the contact a bail bond company and make the necessary arrangements to post bail.
When a person goes to jail in the state of Washington, that person will be in front of a judge within 48 hours. The court will examine two issues. First, they’ll find if there is probable cause to believe that there has been an offense committed by this individual. Then, a bail amount and conditions of release will be set. Conditions of release may be restrictions on the individual’s activities, like a no contact order or not being able to possess a firearm.
The bail amount is what the court deems is necessary to bring that person back in front of the court for all future court appearances. There is usually no bail available until that person goes in front of a judge. If the judge sets a bail and the defendant has a friend or family member present in court, that person can establish a bail bond. A person can call a licensed bail bond company collect from jail and arrange their own bond, if they have access to their funds.
For more information on Bail Bonds Process In Washington State, an initial consultation is your best step. Get the information and legal answers you are seeking by calling phone: (206) 829-4373 today.
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