To ensure that a criminal defendant will appear before the court at the scheduled date and time, a bail bond is being written as a promissory note by a defendant as a surety. During the appearance in court, the bail amount is set by the court.
The bail bond process will vary based on where the arrest is located and this is based on the common arrests for petty crimes. The actual process of bail bonds generally remains the same, except for the wait times for release, which would depend if the arrestee is being transferred to a county jail, or if the arrestee is being held at a jail in the locality within a police station. Other factors that would affect wait times are depending on how busy that particular station or jail is and how the staff on that certain day are being utilized.
Bail cost and other details are generally the same, except on certain instances where the bail process would differ in a state especially if the location of the arrest is not in the vicinity of jurisdiction. Bail forms come in some slight differentiations and would vary depending on the nature of the citizenship and the actual crime charged on the suspect.
The number one to mention as a kind of bail forms is the citation release, oftentimes termed as cite-out, and this is described as the most simple form of bail for the reasons that there is no financial exchange that is required in this bail, and the defendant is very seldom taken into custody.
The surety bond is our next type of bail bond and this bail essentially describes the bail bonds company’s function. This bail bonds company, considered as the licensed third party, becomes the one who will take on the obligation of the suspect’s bail amount legally, and they just charge a fee for their service.
There are rare cases when a judge would agree to waive the bail fees, calling this next kind of bail as recognizance, and this is when a suspect would make a pledge that he or she will attend all the scheduled dates of court hearings. This type is usually given to higher profile cases like those who are public figures, or in circumstances when there is a presentation to the judge showing that the defendant will have no chance or little risk of getting away.
Then there is another type called property bond when a defendant would act on his or her behalf, and would present real property as his or her collateral for the total amount of their bail. In some instances when the defendant would forfeit bail by his or her failure to appear in court, the State becomes authorized to foreclose the property of the defendant.