When a person is arrested there is a need to either apply for a bail bond or stay in custody until the trial begins. Trials are mostly at a distinct date from date of arrest and there can be significant time gap between the two. Bail is a set amount of money that acts as indemnity between the court and defendant.
Bail is generally employed in criminal cases but some time they are also applied in civil cases. Professionals at affordably easy bail bonds firm will help you to gain more knowledge about the kinds of bail bond applicable in your case.
There are two types of bail bonds.
- Cash bond – Full amount is deposited in court by accused or relative or friend, however if the accused appears, before the judge on the scheduled dates the court orders refund of the money deposited except the expenses incurred in the proceedings.
- Bail bond agent – An agent is appointed to post the bail of the accused, a fee of 10%-20% of the total bail amount has to be paid. A bail agent is someone who acts as a surety that the defendant will certainly appear in the court on every scheduled hearing. If the defendant fails to appear before the court even a single time then the bond becomes null and amount gets forfeited.
Whenever an accused is taken into custody he/she is presented in front of the judge within 24 hours of the arrest, this is called first appearance and any of the below possibilities can occur –
- Release – Court can release the accused after hearing the arguments depending on his employment and past record.
- Unsecured appearance bond– Court may order the accused to post an unsecured bond and ask to appear before the court on the dates mentioned.
- Conditional bail – Court while granting the bail can impose certain conditions like on the movement of the accused or travel of the accused or with whom an accused should meet or should not meet etc.
- Refuse bail – Court at its own discretion can deny the bail request of the defendant.
While granting bail to a defendant court takes into consideration a lot of things, some of them are below.
- Nature of the crime – Court generally considers the nature and the gravity of the crime committed.
- Circumstances – The circumstances in which the crime was committed is evaluated
- If the accused is violent – Various medical test are conducted to find out if the accused is violent, due to addiction
- Past crime record if any – This is one of the most important things that court considers. if you are out on bail for a different crime then the judge shows no sympathy
- Evidences – The evidences and witness from the crime location are examined
- Mental condition– The accused may need to undergo medical test to determine his mental health to check if the person is insane or mad.
- Physical condition– This helps to find if the accused is capable of committing the crime.
Bail is a legal remedy provided to the accused by the law but depends on the discretion of the judge, however if any party to the case is aggrieved they can appeal to the higher authorities to annul the prior decision.