You’re not alone if you have ever wondered how bail bonds work. Many questions need to be answered, including the conditions of Dauphin County bail bonds, how much it costs, and how the defendant will be released if they fail to pay. Here are some common answers to your questions about bail bonds.
Conditions of bail bonds
The conditions of bail are legal terms that the defendant must adhere to while out on bail. Financial bail conditions are satisfied through a surety or bail agent. Violation of these conditions can land the defendant back in jail. These conditions vary depending on the nature of the offense, so it is important to consult the bail agent to determine the most appropriate amount for your case.
The conditions of bail bonds can vary significantly based on the crime committed and the defendant’s criminal history. Some are illegal, and some can help the defendant mount a stronger defense. In the case of aggravated assault, the defendant may have to keep their distance from the complainant. A violation of these conditions will result in a Class A misdemeanor. However, the conditions of bail bonds are designed to protect the community.
Collateral required
The collateral used to secure bail bonds can vary widely. Typical forms of collateral are real estate, cars, jewelry, and pawnable items. But in some instances, movable items such as gold bullion, lottery tickets, and even cheese wheels can be used. It depends on the value and liquidity of the collateral. The bondsman will work with you to determine how to best use your property as collateral. In addition, the bondsman can also work with less traditional forms of collateral, including savings accounts and other items.
Property is the most popular form of collateral for bail bonds. You can put up your home or car as collateral, but it is essential to be the primary owner of the property. In addition, the property must be in good condition and be worth the amount you are borrowing to be eligible for bail bonds. You can also offer land if you have legal ownership over it. However, providing the property is valuable enough is not always possible, so you should be careful when selecting a collateral option.
Fee charged
The fee charged for bail bonds varies by state and court, but most states limit the amount. In Alabama, the fee is 35 percent of the total bond amount, with a maximum of $100.
According to New York State Insurance Law SS 6804, the fee charged for bail bonds cannot exceed a percentage of the total bond amount. Nevertheless, providers are allowed to charge a tracking system fee. A tracking system is a separate fee from the bond premium. Nevertheless, bail bond providers cannot charge more than the statutory amount for these systems.
Exoneration
Exoneration when using bail bonds means that a defendant is freed from custody. A judge will automatically exonerate the bail bond when a defendant appears in court. It means that the guarantor of the bond can get their money back. Furthermore, a bail bondsman no longer has any financial responsibility toward the defendant. Exoneration is automatic and happens to every bail bond in the end.
Sometimes, exoneration can be achieved when a defendant does not appear at court when directed to. For example, this may occur if the defendant tries to hide or jumps bail. Other common ways to gain exoneration are early guilty pleas or when the prosecutor drops charges. Early guilty pleas mean that the defendant does not have to wait until the trial to be released. But, of course, the prosecution may challenge this early plea or demand a new trial.
Forfeiture
Forfeiture of bail bonds is an administrative proceeding that allows the court to revoke an unsecured bond. Generally, forfeiture results from the failure of a defendant to appear in court. However, it may occur in some cases because a defendant fails to appear in court on the date specified in the commitment order. In these cases, the surety and bondsman must deliver the defendant to jail or a detention center, and the custodian of the jail must issue a receipt. The criminal defendant must appear before a judge in the pending court in these instances.
If a defendant does not show up for court, the court may issue a bench warrant, which will result in a forfeiture of bail bonds. The court can set aside the forfeiture in part or completely. The court must hold a forfeiture hearing in the latter case before passing a judgment. However, if the forfeiture is not paid, the court may set aside the judgment and require the surety to return the bond money.