My Husband Was Arrested; How Do I Make Bail?
How To Make Bail
Was your husband arrested with a bail amount set too high for you or your family to pay?
If you are looking for what to do next, or where to go for help the following article will guide you through the basics of the bail bond system.
Let’s start with some basics.
Sometimes the person arrested (the accused) is allowed to be released from jail in exchange for an amount of money (bail). They are promises to show up to court for all necessary hearings.
The bail amount will be refunded at the end of trial if the defendant makes all appointed meetings. The defendant will get their refund regardless of being found guilty or innocent. However the court may keep it if the defendant misses a court date. If this is the case most of the time a warrant is issued for the defendant’s arrest.
The idea behind the bail amount is to be large enough to convince the accused to return to court. Depending on where the trial takes place, and the judge, the bail amount will vary.
It’s also influenced by a number of factors such as the:
- Accused’s financial resources
- Accused’s criminal record
- Seriousness of the crime
- Likelihood the accused will leave or flee the area to avoid trial
It is possible for two people charged with the same crime to pay different bail amounts.
Excessive bail fines are barred by the Eighth Amendment to the US Constitution.
Over the years, lawmakers and courts have come up with rules about bail, who may get it, and how much may be required.
Generally, someone may be held in jail without bail if:
- He’s charged with certain drug-related crimes and faces more than 10 years in prison if found guilty
- There’s a chance he might flee to avoid trial
- The judge thinks he’s a danger to the community
- He’s charged with a crime punishable by life in prison or death
- He’s a repeat felony offender
- There’s reason to believe the accused might attempt to obstruct justice (hide or destroy evidence, for instance), or tamper with witnesses
- He’s charged with a serious or violent crime
What is a Bail Bondsman
When people don’t have the ability to pay the bail they turn to a bail bondsman.
A bail bond is a contract between three parties:
- The surety – the bail bondsman
- The obligee, that’s the court, and
- The principal – the accused
If the accused doesn’t show up for court the bail bondsman promises to pay the full bail amount.
There’s also a separate contract between the indemnitor and the bondsman. She’s the accused’s friend or family member who promises to pay the bond if the accused doesn’t do what he’s supposed to and the bondsman has to pay the court.
If the bondsman incurs any costs to track down the accused, she is usually responsible for paying the coasts. A bail bondsman charges a nonrefundable fee for posting a bond. Usually it’s 10 percent of the amount of bail.
By using a bondsman, the accused gets out of jail for much less than the full bail amount, the 10 percent fee. The downside is the fee is non-refundable.
Make sure you carefully read the contract and understand what you’re agreeing to, before agreeing to be an indemnitor on a bail bond for a friend or family member.
It’s your legal responsibility to make sure the accused shows up in court. And, it’s your job to help the bondsman find the accused if he doesn’t show up. If you believe there is any chance the accused will not show up to court don’t sign bail bond contract.
Bondman are not Available everywhere. In some states, such as Illinois and Kentucky, there are no bail bondsmen.
In these states, an accused usually is allowed to pay 10 percent of the cost of bail directly to the court. This is then refunded if the accused makes all his appearances in court.
We understand this is a difficult time for you and your family. We have personnel who can help make sense of what you need to do next by walking you through the bail bonds process. Give us a call at (555) 55-5555