Bail set during a criminal case is used to ensure that a defendant will appear in court. If a person cannot pay their bail, they will not be released from jail and will wait there until their case is concluded.
If a person can pay their bail, they will be released from jail with the expectation that they appear in court. If they can pay their bail and make all of their court appearances, they will be refunded that bail once the case is concluded, regardless of the outcome. In other words, a person who is found guilty, but has shown up for all court appearances required, is still entitled to have their bail money returned to them.
Not showing up for court means that person will not get that money back, as well as likely suffer additional legal consequences. Again, how bail is handled is not influenced by the eventual trial outcome.
A bail bondsman is someone who acts as a middle man between the court and the defendant in dealing with bail. For example, the defendant was given a $75,000 bail, but the defendant only makes around $40,000 a year and does not have that kind of money to pay. A bail bondsman will ask for a percentage- typically 10%, though that may vary- in cash, and they will want coverage of the rest in collateral.
In the hypothetical given, the bondsman would ask for $7,500 upfront and will require something for collateral, potentially a house or property, but it can be other things as well. The bail bondsman will arrange the release of the defendant and, if the defendant shows up as ordered, the collateral will be returned to them once the trial has concluded. The bondsman will typically keep all of what they were given initially as payment, though there may be exceptional cases.
Now, the reason they take collateral is in case the defendant doesn't show up for trial. In that case, the bondsman will be required to pay the bail and will use the collateral to cover it, rather than doing it out of their own pocket.
Bail bondsmen, therefore, serve an important purpose. They can help keep people out of jail while awaiting trial, even if they cannot afford the full price of the bail they are given. This will give the defendant valuable time to work and possibly put back some more money, or maybe arrange their affairs, while they await trial.
Consider contacting a company like Steele Boys Bail Bonds if you need assistance.Share