Bail Bond Process
It can be very stressful when a friend or family member lands in prison. Many people don’t even know the first step to getting someone out. In truth, there are many factors to consider when getting someone out of jail and that’s what we’d like to discuss with you today.
How is bail determined?
Generally, before someone can be released, bail must be set to assure the court that the arrestee will appear for court. Usually, a judge or magistrate sets the bail. The judge may consider the type of charge, the facts, the residence, and even the criminal background of the arrestee before setting bail. The amount of bail set by a judge is based on different factors, including the seriousness of the charge, the weight of the evidence, a previous criminal record, the ability to pay bail, the danger the defendant presents to the community, and any other circumstances affecting the probability of the defendant’s appearance.
Types of Bail
There are various different types of bail, too. These include those with a commercial surety, a secured personal surety, a cash deposit, an unsecured personal surety, or those without surety.
Once bail is set, the defendant can be bonded out. If you can’t afford to post the entire bond, you can hire a bail bondsman. He may require a fee of 10-12% for putting up the entire amount of the bond. The bondsman’s fee will not be returned. That is his fee for putting up the entire bond and assuming the risk that the defendant will appear in court.
The surety can also post a property bond. In this case, the surety agrees to place a mortgage on a piece of property in Louisiana. The property must be unencumbered in the amount of the bail.
Another option is to post bail as an unsecured personal surety. This requires an affidavit that you have enough property in the state. Usually, it also requires you to describe your work history and you must have a clean criminal record.
In some situations, the judge may allow someone to bail out of jail on their own recognizance without posting a bond.
You may also post the entire cash bond yourself at the jail. After the case has concluded, you should be entitled to all the money you put up. However, it must be ensured that the defendant will appear in court.
Probation or parole?
If someone is on probation or parole, a hold may be placed, barring their release. You wouldn’t want to post bond on the new charge if there’s a probation or parole hold, since they won’t be released and that would cause them to serve “dead time” on the new charge.
If there’s an active warrant for a defendant’s arrest, a hold may be placed. The warrant would need to be cleared before the defendant can be released on the new charge. This may require the defendant to appear before the judge that issued the bench warrant. In the event of an arrest warrant, the defendant may need to be transported to the jurisdiction of the arresting agency.
Contact the Louisiana criminal lawyers at the Barkemeyer Law Firm if you have a friend or loved one in jail or recently released.