When you are facing charges in a court of law, you are always assumed innocent until proven guilty. The judge can, therefore, release an accused person instead of holding them in custody before the hearing commences. The judge sets bail bonds to warrant the return of the accused to court for the hearing.
The various types of bail bonds include signature bonds, property bonds, cash bails, and other forms as stipulated by the law. The bails are set during a bail hearing after the judge consider the information presented to him or her by the defendant and other parties regarding the bail. When security bonds or property bonds are to be set the judge has first to confirm that the defendant is financially able to service the bond. Other persons referred to as Sureties can offer to assist the defendant to post bail in which case the judge will have to assess their financial resources.
The presence of the surety during the bail hearing is necessary since the judge has to explain to him or her and the defendant about their various roles. Bails can be revoked or forfeited in the event that the defendant has violated the conditions of his release, or has failed to attend subsequent hearings. For this reason, a surety ought to be confident that the defendant will obey the court’s directives.
The bond that the judge may set for you can be a property bond, a cash bail, a signature bond, or a corporate bond. In the event that the bond that has been set for you is a cash bail, you should pay the bail in cash, or with a money order, a cashier’s check, or a certified check. The bail is returned to you once you have observed all the conditions set out in the bond. In addition, the ones posting the cash bail need to ensure that they have completed relevant tax forms.
For signature bonds the defendant signs some forms with the clerk of the court after which they are to be released. In order for an accused person to avoid the bail cancelation, he or she should observe all the terms of the bond.
Corporate surety bonds are the other types of bonds that require one to pay a non-refundable charge as a fraction of the total bail amount to serve as security. Property bonds are also issued as collateral. For the property bonds the judge will need to verify information regarding ownership, value, and other important information pertaining to the property.
After the bail terms have been met, you should consult with your attorney to ensure that you recover the bail.