When charged with an offense the law requires that you be assumed innocent until proven otherwise. For this reason, instead of incarceration, the judge may allow one to be released to await trial. Being released before your hearing is however on condition that you can guarantee your presence in court on the day of the hearing and this is the main reason why a judge will order a bail bond.
There are a variety of bail bonds some of which include property bonds, cash bails, and signature bonds among others. The bails are set during a bail hearing after the judge consider the information presented to him or her by the defendant and other parties regarding the bail. When security bonds or property bonds are to be set the judge has first to confirm that the defendant is financially able to service the bond. Other persons referred to as Sureties can offer to assist the defendant to post bail in which case the judge will have to assess their financial resources.
The presence of the surety during the bail hearing is necessary since the judge has to explain to him or her and the defendant about their various roles. Bails can be revoked or forfeited in the event that the defendant has violated the conditions of his release, or has failed to attend subsequent hearings. For this reason, a surety ought to be confident that the defendant will obey the court’s directives.
The bond that the judge may set for you can be a property bond, a cash bail, a signature bond, or a corporate bond. In the event that the bond that has been set for you is a cash bail, you should pay the bail in cash, or with a money order, a cashier’s check, or a certified check. The bail is returned to you once you have observed all the conditions set out in the bond. It is also essential for a surety or defendant to make sure that they have signed the required tax forms when posting a cash bail.
Signature bonds are in such a way that a defendant will only need to sign some forms so as to be released. If a defendant has been released with this type of bond, he or she ought to pay special attention to the conditions of the bond to prevent the revocation of the bond.
Corporate surety bonds are the type of bonds where the defendant or Surety has to pay a proportion of the bail as security and this payment is not refundable upon return of the bail. Property bonds are also issued as collateral. For the property bonds the judge will need to verify information regarding ownership, value, and other important information pertaining to the property.
After the bail terms have been met, you should consult with your attorney to ensure that you recover the bail.
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