How Do Bonds And Bails Work?
Frequently, most of us regularly read stories about criminals who were arrested but received bail and have been (for the time being) released. In most cases, the individuals in question are not out of the woods just yet and will likely need to return to court for further arraignment after a brief period of time. But have you ever wondered what exactly bail is and how the process is carried out? In this piece, we will be analyzing the concepts behind bail and bonds and give you a better understanding of what exactly these legal terms entail. For more information regarding these pieces of the law, contact your local DWI lawyer in Central Islip at Flowers Law Group.
Overview
Starting at the very beginning, the process initially involves an individual who has been taken into police custody and allegedly has committed a crime. Potentially, this alleged criminal may have the opportunity to remove themselves from the clutches of police custody by posting bail or accessing a bond. Inevitably, distribution of these benefits is entirely up to the judge, who also possesses the option of denying bail altogether. As far as the degree of bail, the judge will factor in the following:
- The severity of the alleged crime that was committed.
- Determination of how likely the defendant in question will commit additional crimes after their release.
- Assessing the chances that the defendant may actually attempt to escape the jurisdiction prior to the trial.
If you have questions regarding the concepts pertaining to bails and bonds, contact our DWI lawyer in Central Islip for further information.
What’s the difference between bail and a bond?
The majority of people likely associate bails and bonds together, but this doesn’t mean that they are the same exact thing. Essentially, bail is the money that the defendant is required to pay in order to secure their release. Bonds are a similar concept, but they’re posted by a bail/bond company and are executed on the behalf of the alleged offender. A useful method for understanding what bail entails is to think of the concept as being collateral with the court from the defendant. They’re granted dismissal from jail but ultimately will need to continue to carry out the legal process. In instances where the defendant fails to make further appearances or carry out the legal procedures, they will be forced to surrender the amount that was paid. Bail/bond companies must surrender the money if the offender utilizes a bond instead of a bail.
Pertinent information
Often, actually paying the price set for bail can be out of reach for the defendant. This is where bail/bond companies make their money, charging a fee for the defendant so that the company will post the bail on their behalf. Realistically, bonds serve as a contract between the company and the defendant. Defendants may actually be subject to frequent monitoring from the contract distributor and will likely need to regularly check-in with them. Denial of bail altogether may also be executed by the judge, if the defendant is deemed untrustworthy and a potential threat to the general public.
For further clarification on this topic, contact your local DWI lawyer in Central Islip such as the esteemed professionals over at Flowers Law Group.
