We understand how bail can be a stressful and confusing situation. Let us reduce your stress as our professional and fully licensed bail bondsmen walk you through the bail bond process, answering all your questions.
The bail bond process is quite simple. Of course, there is going to be its share of legal print, but overall, it’s very understandable.
Question: What is a bail bond for? Answer: A bail bond is a written promise that the defendant will pay a fixed amount of money for his or her release from jail. The fixed amount will be 10% of the full bail amount.
Question: Does the full fixed amount need to be paid upfront before the defendant can be released? Answer: No. The bail bond company will calculate a workable payment plan the defendant will be released from jail and following that, payments on the bail bond will continue to be made.
Question: What are the contingencies? Answer: The defendant is required to show up for all court dates. If the court has additional mandates, like attending counseling, staying away from someone, or someplace, and not leaving the state, for example, the defendant will need to abide by these as well.
Question: What if they don’t? Answer: The bail bond will be revoked, and the defendant will be taken back into custody. In addition, the full bail amount may need to be paid off.
Question: Is the money refundable at the end of the trial, if my loved one obeyed all his or her orders? Answer: No. Think of the fixed price for the bail bond as a fee for the bail bond services. But, most people use bail bonds to bail out of jail because, in the long-term view, it is more affordable for them.
If you are ever arrested, you want to make sure you are cooperative with the police. At the same time, you want to make sure they are not overstepping their boundaries to step on your rights.
“You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you.”
These are the Miranda Rights that are read to every person who is arrested. Obviously a defendant is free to answer any questions the police might have without their lawyer present, but it’s certainly not advised. The right to remain silent and to have an attorney is a protection for the defendant who may as well take advantage of it.
Everyone is presumed innocent until proven guilty. The police and prosecution can and will use what they can against you so it’s wise to take advantage of rights, including the right to bail.
By posting bail you are free to live at home during the trial period, instead of jail. This works to your benefit as you get to return to your family and work. You also get to meet with your lawyer more privately to build a stronger case for court. Do your best to remain poised and confident (yet still compliant) with authorities if you are ever detained or arrested. Knowing your rights will definitely benefit you here.
If you are arrested
You have the right to remain silent. You must clearly state this if you wish to exercise this right.
You have the right to an attorney.
You have the right to know and understand the charges made against you.
You have the right to leave if no charges are filed against you within 48 hours of your arrest. This time limit is for Tennessee. Other states are 72 hours.
You have the right to deny police and investigators to search yourself, belongs, and property if there is no warrant
You have constitutional rights, regardless of your citizenship status.
You also have the right to bail. Bail is very expensive and most people cannot afford to pay their bail on their own. That’s why most people prefer to post bail with a bail bondsman.