Types of Bail Bonds: Everything You Need to Know About Bail Bonds

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Types of Bail Bonds: Everything You Need to Know About Bail Bonds
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6,613,500 is the total number of individuals in the U.S. adult correctional facilities. While the overall rates of crimes have reduced in recent years, the justice system still grapples with the high incarceration rates evident in the country.

Bail bonds are among the remedial measures put in place to address the congestion in the correctional system.

In most cases of an arrest, especially for petty offenses, you may have the option of being a guest of the state or opt to post bail. But most people have limited information on how bail bonds work.

There are different types of bail bonds you may choose from depending on your case. Read on to learn everything you may want to know about bail bonds. 

What Are Bail Bonds?

Most people get to hear about bail bonds while already in deep trouble with the law.

But bails have been part of the judicial system for a while now. In case of an arrest due to a criminal offense, the judge assigned to your case can decide to set a bail amount to guarantee your release. 

Such a decision depends on the context of the crime and is left to the discretion of the judge. The presiding judge can either set a higher or a lower bail amount depending on the severity of the crime.

Such a bail amount is set to ensure that the offender does not pose a flight risk.

But bails and bail bonds are different. Most individuals with the financial capacity to post bail often do so from their own pockets. However, bail bonds are usually posted by third parties on behalf of defendants who are unable to post such bail from their pockets.

People who are unfamiliar with the justice system often experience frustration whenever their bail amount is set way above what they can afford.

Such instances cause the defendants to make choices that are not well-considered. Understanding the types of bail bonds available to you as a defendant can save you from such frustrations and help you develop a better understanding of the wheel of justice. 

Types of Bail Bonds 

Depending on the bail amount set and the kind of crime in question, you may be able to access a wide array of bail bonds. Here are some of the most common and the least known types of bail bonds. 

1. Property Bail Bonds 

Various reasons exist, which would lead to an offender opting to post a bail bond as opposed to cash bail. The most obvious one is the failure to raise the cash equivalent of the set bail.

However, the criminal justice system provides the option of seeking out other options when posting a bail bond.

Posting property bonds is among such options.

If you're facing possible conviction, but you can't post cash bail, you can consider the use of property bonds. You only need to certify that your house or property can act as a form of collateral based on the appraised value of your home's equity.

But in most states, it takes longer for the courts to put a lien on such homes. These concerns often lead to delays in court determinations. Such issues are the reason property bonds are less prevalent in most of the States.

2. Surety Bonds 

Most of the defendants prefer to utilize the option of surety bonds when posting bail. A third party company posts surety bonds on behalf of the defendant in such instances.

These bonds are a form of a loan, where the defendant must first pay a percentage of the bail terms to the courts' registry.

Such surety bonds seek to help those incapable of posting six-figure bail amounts to enjoy legal redress.

However, the percentage posted by the defendant is redeemable as long as an offender obeys court summons. But you may need to forfeit the percentage of bond placed if you fail to go to trial.

The bail bond agents charge a commission on the bonds they place on your behalf. They will then ensure that you don't skip bail. They can then reclaim the amount posted plus the fee charged as soon as the trail is complete.  

3. Personal Recognizance Bonds 

The American criminal justice system also recognizes the need to have PR bonds, which are unique from surety and property bonds.

PR bonds are observable, where the judge agrees to grant an offender bail depending on their past offender records. In such cases, the offender does not need to go through a bond company or the court's registry.

Most courts only need to certify that your criminal record is relatively clean before granting you a personal recognizance bond. However, once you're released from jail, it becomes your prerogative to report to a PR bond officer for the period stipulated. 

4. Attorney Bonds

Some states allow the attorney representing you to post a bail bond on your behalf.

Such an attorney must satisfy beyond any doubt that they have the legal mandate to represent you before they can be allowed to place the bond.

If you are unable to raise a cash bail and going through a bail bond agent is not a choice, then your attorney may come in handy. 

5. Immigration Bonds

The United States justice system allows immigrants to place immigration bonds on behalf of an immigrant detained for being in the United States illegally.

In these cases, the U.S Immigration and Customs Enforcement is the body mandated with handling bail bonds for immigrants. Such a bond guarantees that the offender can be released from the detention center as soon as possible.

For most of the immigrants, the ICE immigration officer accepts the request for the bond, and you can pay the bail bond within a week after approval.

But in other cases, the officer may reject the application, which forces such a case to go into the bond hearing phase. You may need to contact an ICE officer in case of any underlying concerns.

If you are wondering how to pay immigration bond in the United States here is a guide with all the answers you need. 

Please Be Aware 

When seeking any form of assistance during the process of bond determination, you need to exercise due diligence and remain vigilant. Ensure that your bail bond agent has proper licenses and legal identification. If this option is presenting troubles or obstacles for you, you could also get an auto title loan or some other loan to cover the bail expenses.

You should also note that the money paid to an agent or Bail Bond Company as the fee is non-refundable.

You Are Spoiled For Choice When Posting Bail

Ending up in jail is not an option for you. Bail bonds are not meant to encourage offensive conduct but rather to guarantee an offender the right to undergo a trial without infringing on their right to enjoy freedom while awaiting the verdict of the court.

With these types of bail bonds, you can now proceed and post bail based on the option that works best for you. 

For more of such insightful articles, keep visiting our blog.

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