Whether you are arrested for a small crime or a severe one, it can leave you stressed and scared. Several steps need to be followed right from the moment you are arrested until your trial. But do you know what to do next? What do you mean by bail and bond and how to get out of jail? Take a look:
Bail Vs Bond
You must have heard the terms bail and bond. But do you know what’s the difference between the two! When a defendant pays some money to the court to secure his release until the date of trial, that amount is known as bail. It acts as insurance between the court and defendant, and ranges from $1000 to millions of dollars, depending on the type of crime committed. A person can leave jail and go back to his home before the court case occurs through bail whereas a bond is a loan that a third-party provides to pay out the bail. You must be wondering why the loan? This is because it can be difficult for a person to pay a huge amount of bail to the court. A bail bond agent can assist you in this process.
There is a lot of difference between bail and a bond. A bail bond is provided by a bond company with the help of an agent. The main idea behind the bond is to release the defendant from jail. It ensures that the defendant will appear for the trial.
10% of the bail amount has to be presented to the bail bondsman. The remainder of the money is secured by the bail bondsman in the form of collateral from the defendant. In case the defendant doesn’t appear in the court, then the remainder of the bond money has to be submitted to the court. In case the defendant appears in the court, then the collateral will be returned to the defendant, while 10% will be taken by the bond agent.
The defendant has to make his appearance in court which is known as a bail hearing. During this hearing, the court decides whether the defendant must be granted bail or not. Another thing that is decided in the hearing is that whether the bail amount will be reduced or not, or whether the defendant can be released before trial under certain conditions or not.
Outcomes of a Bail Hearing
Release on Own Recognizance
In this case, the defendant is not required to pay the bail amount but has to give assurance that he will return. A form is signed stating that the defendant will return and adhere to any other necessary conditions that follow.
The court releases the defendant under the condition of signing a bond. No amount has to be paid but in case, the defendant doesn’t appear for the trial, he’ll be liable for criminal charges or other penalties.
Bail Set with Terms of Release
The defendant needs to pay the bail amount which is set by the court. The bond needs to be paid either through the defendant himself or through a bail bond agent.
Denial of Bail
The court can even deny the bail, in situations when it believes that the defendant could commit additional crimes if he moves out of jail.
Finding it hard to search for an attorney in North Dakota, then Autrey Law Firm is the ideal choice for you. The attorneys will make sure that your rights are upheld.