Facing criminal charges can be an incredibly stressful and overwhelming experience for both the defendant and their loved ones. On top of the distress of being arrested, the defendant may be required to pay a substantial amount to secure their release. Depending on the severity of their offense, they may be able to avoid imprisonment while awaiting their court appearance. In most cases, defendants can obtain bail bonds to alleviate some of the stress and financial burden during this difficult time. Please continue reading to learn about the different options for bail bonds, as they can help keep your loved one from going behind bars. In addition, enlist the legal assistance of a competent Bergen County Criminal Defense Attorney who can help defend your rights and interests.
Who has the right to bail?
First, to understand bail bonds, you must understand the process when a suspect is in custody, awaiting their court hearing. When a defendant is held before trial, the court may release them under conditions known as “bail.” Bail usually includes a payment of agreed money to the court, typically given back at the end of the case if the defendant complies with court orders.
It’s imperative to note that bail is not available for certain crimes. Generally, individuals charged with a non-capital crime are usually entitled to bail. If a person is accused of a crime and eligible for bail, the judge must determine whether or not that person is a flight risk. If a judge determines that a person is not likely to be released from prosecution, they will be released after paying the agreed-upon sum for bail. However, this is conditional freedom, meaning they must return on the specific time and date of their trial, or they will face significant repercussions. Judges have a lot of freedom when arranging a bail amount, which means they can set it at astronomical amounts, making it impossible for criminal defendants to afford it.
What are bail bonds?
If the defendant or their loved ones cannot afford to cover the entire bail amount, they can turn to a bail bond agency. A bail bond agency is a company that will pledge money as a surety that a person accused in court will appear at the next court date. There are several types of bail bonds, where a defendant’s friend or relative can sign a contract with a licensed bail agent who will pay for them. Essentially, a bail bond is posted on a defendant’s behalf to secure their release.
To obtain a bail bond, you must provide the agency with collateral, which can be cash, property, or something else with value. If a defendant skips bail and doesn’t return the money that the bail bonds agency has put up, the court will keep the money, and the collateral acting as security will be taken over by the agency. Therefore, a defendant must adhere to court orders and appear in court.
If you’ve been arrested, please don’t hesitate to contact an adept attorney from The Law Office of Carl Spector, who can provide you with quality legal representation when it matters the most.