Occasionally, your friends, relatives, or workmates may violate the law, and you have to step up and bail them out, or else they will remain in jail. Perhaps such a request requires that you understand the bailing process.
This article explores the steps you will follow in the process of bailing out someone.
What is bail?
This is the money given to and kept by the court as a provision to release the respondent ( also defendant).It is the security, collateral, or surety to free the accused pending trials. The idea behind this collateral is that the accused will appear in court whenever requested until their case is complete when they get back the bail.
Difference between bail and bond
The table below helps you better understand the difference between bail and bond.
|It is money that the accused must pay to the court to be released||It is a form of security given by the bond company on behalf of the accused|
|It is exclusively in cash||It may not be necessarily in cash|
|The accused recovers the bail upon completing their trial and adhering to the set conditions||Fees charged by bonds company is nonrefundable|
Importance of surety
As court proceedings take time to commence and come to an end, so releasing people on surety amount helps to:
- Prevent financial constraints that confinement causes to the accused
- Avoid burdening taxpayers by putting many people in jail
- Protect the innocence of suspects until convicted
Determination of bail
The judge determines the amount to be paid depending on the seriousness of the crime, the defendant’s criminal history, and the likelihood of causing public insecurity upon release.
Luckily, many courts have set specified bail schedules to enhance the convenience and smooth operation. Thus, the accused does not need to wait for a judge to set the bail amount. Moreover, the accused can apply for an interim release hearing if he wants the amount lowered. Similarly, the law prohibits charging high sureties that suspects cannot raise.
Steps you should take to bail someone out of jail
To bail someone out, you will use any or a combination of these three approaches:
1. determine the suspect’s booking status
Under this approach you will:
- Ascertain whether the person you want released is in jail or was released
- Determine the exact jail where their detention will occur
- Find out whether they have completed booking protocols such as taking fingerprints, photographs and filling out their details. A suspect is eligible for booking after having been successfully booked. You can search on the court’s website, too, if the court updates the names of the booked persons.
2.Dealing with a bonds agency
Alternatively, you can seek the services of a bonds agency to:
- Find out if the bail is inevitable or the suspect can be released on the ground of personal recognizance
- Know the surety and whether an attorney can petition for its reduction
- Confirm whether your state allows bonds agencies
- Look for a bondsman early enough if you have to use them
3. Payment of the bail amount
The final approach after ascertaining everything is to post the surety to have the accused set free, arrange for their transport, and make sure they appear in court to recover your bail amount.
Bails and bonds play an essential role in maintaining the suspect’s innocence until they are proven guilty. Even though the bail process isn’t much complicated, having a hint of how the process works goes a long way when you want to bail someone out of jail.