Understanding The Concept Of Bail Bonds
In many countries in the world, the practice of posting bail bonds is rampant. Bail bonds are sums of money that is posted or paid to a legal court as a guarantee that an arrested person appears in his or her trial. Aside from money, other forms of property may also be pledged for the same purpose.
Usually, bail bonds are returned to the suspect at the end of the trial subject to his attendance in the trials. This will be done regardless of the decision that will be rendered by the court. Failure to attend in judicial proceedings where his or her attendance is required would mean forfeiture of the bond. The posting of bail bonds are practiced all over the world, including the United States. However, in some cases the court denies such requests especially if it has a reason to think that a particular suspect will not appear in his trial. Petition to post bail is likewise denied if a capital crime is committed. Another reason for denying requests to post bail bonds is the possibility that a suspect will continue to engage in a criminal act or that he will interfere or influence the testimonies of witnesses of the crime he or she is in trial for.
Bail bonds may differ from one jurisdiction to another. However, there are forms of bonds that are common in different territories. A legal bond may come in a form of a surety, where a third party guarantees the court of the appearance of the suspect in his or her trial. This third party can be a person or a corporation that charges a client 10% of the bail amount for services rendered. A third party is also called a bail bondsman. Most bail bondsmen offer their services to criminal defendants and guarantee their release within a short time frame. Bail bondsmen are very common particularly in the United States.
Bail bonds can also come in the form of recognizance and conditions of release. Through recognizance, the accused or respondent of a trial promises and guarantees the court of his presence in all legal proceedings. He, likewise, makes a commitment not to engage in activities that are deemed illegal by the court. An amount is set by the court however, the suspect does not pay this unless the court declares the bail forfeited. This bond is also referred to as an unsecured appearance bond and the suspect can be said as, released on his own cognizance. Conditions of release, on the other hand, come in the form of conditions and limitations that do not involve money. Examples of these conditions are compulsory calls to police authorities, home detention, drug testing, or any actions that are deemed applicable by the court. Whether a suspect is temporarily out of prison through bail, bond or condition, a protective order is also required by the court. This court order requires that a suspect maintain no contact with a crime victim. Bail bond posted may be forfeited and additional fines may be assessed for violating a protective order.
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