Author Archives: naac

Civil Case: How to Appeal for Bail

It is very important to know one’s rights. Just because a person got arrested does not mean they are at the mercy of the authorities and the judicial system. If what was committed is a non-capital offense or a minor infraction, the defendant has the right to post bail. Also, the police can give out police bail if they cannot carry the accused before a judge immediately. This arises when the defendant is arrested on the weekend or the judge for that particular case or territory is elsewhere.

Granting a police bail still a prerogative of the arresting officers. Still, the police usually release the defendant if the offense is minor by just letting the latter sign a promise in writing that he / she will appear before the court on schedule. However, when the police will not grant the accused the police bail (maybe the accused’s release may pose danger to the community like being arrested for assault or robbery in the criminal case side; fraud or bouncing checks in the civil case side), thus the defendant is going to wait to be taken to the court. By then, the accused can apply to the court to grant his / her bail.

Being granted the police bail, does not mean the accuse will not be put to jail again. He / she will have to apply to the court for surety jail bonds so he / she can continue to be released out of jail. When the police do not recommend an opposition for the defendant’s bail, the registrar will just grant the bail outright. There is no need for the judge to opine on the bail application.

If the police vehemently oppose to grant the defendant bail, that is when the judge comes in. The judge himself / herself will decide if the accused is going to be allowed to post bail. Also in cases where the defendant is just merely appearing before the court and the police opposes bail, the judge will again decide on his / her own volition whether or not a bail shall be granted.

If the defendant has no lawyer to arrange bail for him / her, he / she can enlist the Duty Solicitor to do it for him / her. Tapping the Duty Solicitor to apply for bail is free of charge. The Duty Solicitor will ask the judge for bail. Defendants who committed minor infractions are entitled to court bail as a right. These are the cases that are entitle to court bail as of right:

  • Offenses that are not punishable by imprisonment
  • Offenses with maximum punishment of less than three years of imprisonment provided that this offense is not an assault on a minor or violation of a protection order under the Domestic Violence Act of 1995
  • Offense under the CRIMES ACT 1961

In other cases, the granting of bail highly depends on a number of factors like being a flight risk, possibility of witness interference and evidence tampering, and the defendant’s historical record of criminal activity.…

How Bail Amount is Calculated: A Breakdown

Posting bail does not necessarily mean that the defendant is guilty; bail is not a payment for settlement or a form of blood money. The very purpose of bail is just to make sure that the accused will show up for court dates after being held in jail by law enforcers. This is a form of insurance that the defendant will appear in court for further proceedings.

How is bail set? What are the common factors that add up to its monetary value? They are a lot and most of them take notice of the defendant’s records. First, the bail magistrate must look at the accused’s criminal records, or if he/she is listed in the Board of Probation’s watchlist. By this, the bail magistrate can postulate if the person is a flight risk. Previous criminal records will also show if the accused is a perennial defaulter, meaning, he or she has a history of repeatedly no-showing up for court dates.

Gavel

The bail magistrate also takes note if the accused had standing cases or they are on probation or parole. It also, a bit advantageous for the accused to be a resident of the area or has a family member residing in the area.

Other factors include the ability of the accused to pay for the amount like if he/she is employed.

It is also worth noting that every state has different parameters in financially calculating bail value. However, what was given above are the most common. An offense that is non-domestic or non-felony has bail bonds that are set within 48 hours upon release. Some can even set the bail right after arrest. This is mostly depending on the severity of the offense. There are also particular cases that will further determine the bail—a great example of this is domestic violence. If the release of the defendant will further endanger the accuser, certain adjustments must be made.

The bail set by the bail magistrate is a recommendation, not a final one. A judge could adjust the value when it is too high or too low. The judge will also further review the set bail in his or her volition, though typically the adjustments are made because of the accused’s financial status.

There are several crimes that are not allowed to have bails like major felony charges. Defaults related to a different offense will also hinder bailing process because the defendant should pay the bail of its previous case on top of the current case.

Bail is almost always to be paid in full amount. There are cases that it is allowed to pay the bail in installment or just a fraction of it initially. Bail can also be paid in non-cash forms like property or other forms of collateral should the defendant is not able to produce cash for it. If the defendant does not have anything of value that could be set as bail, then it is time for a bail bondsman to act as a surety to pay the bail in place of the defendant. The defendant then pays the bail bondsman a certain percentage that is required by the former.…

How to Secure a Bail Bond

Being arrested does not mean the end of the world. If you are arrested for a crime, you do not have to rot in the cell until your court dates. Most cases allow you to post bail; pay a sum of money for you to be released. This bail bond is a form of a guarantee that you will appear before the court for the trial instead of escaping it. This money will be returned to you if you show up in court, otherwise the court will forfeit it if you fail to show up.

What happens when you do not have enough money to post bail? Is there any hope? Yes, there still is. There are ways to secure a bail bond through a third party, but the complexities of settling a bail are not that difficult. The process and the characteristic are exactly like a loan where you pay a percentage of the total amount to the lender — bail bondsman in Chesterfield.

But first, there are two kinds of bonds: unsecured bonds and secured bonds. Unsecured bonds are set in those cases where the bail magistrate finds the defendant as not particularly flight-risk or had a history of dangerous behavior. The bond is simply a promise signed on paper stating that the accused is to appear in his / her court dates. There is no money exchanging hands with unsecured bonds. It is very tempting to ignore a court date since there are no financial consequences. However, if the accused fails to appear in court, he/she will be retroactively owing money to the court based on the amount agreed in the signed paper. Also, the accused might face additional cases for evading a court date.

Secured bonds are the most common type of bonds. In this case, the accused shall provide money or collateral in advance before he/she can be released. In almost all situations, the defendant does not have enough money with them to pay for the bond.

The accused can contact a friend or a family member—for lack of a better word—bail him/her out of jail. If the friend or the family member also cannot produce the money that could match the amount needed for the bail, the defendant can always enlist a bail bondsman.

The defendant will have to pay a fee, most cost around 10-20% of the total bail amount. The bail bondsman will own up for the rest of the bail amount and will pay for it. If the accused fails to show up in his proceeding, the bail bondsman will hunt the accused and drag him/her to the court to avoid losing his bail money. Both secured and unsecured bonds allow the defendant to get out of the jail and continue his / her life. However, it is a very important to show up in court to avoid risking money, property, valuables, and goodwill from the court. It is also very possible that the court would throw another case against the defendant if he/she fails to appear before it.…

What Happens When You Fail to Pay Your Bail Bondsman

Having regular day-to-day problems is serious already. Being arrested will even aggravate all of these headaches. If you are not ready to take the bail on yourself, you can always enlist a bail bondsman to pay for your release. The question is, what happens if you fail to pay your bail bondsman?

First, let us define what is a bail bondsman (also known as bail bondsperson, bail bond agent or bond dealer). A bail bondsman is a person—as an individual or an agent of corporations or agencies that act as surety for the defendant. He/she pledges money or, in some cases, property as bail. A contract with a bail bondsman is similar to taking a loan, though the repercussions are much more severe if the accused breaches the contract.

Banks, insurance companies, and financial institutions are the typical entities which deal with this kind of contract. However, they refuse to deal with bail bonds because of the inherent risk, and to be completely honest, not much of a return. Depositors and policyholders will not get excited off the profit from posting bail bonds en masse. However, there are some insurance companies that take on bail bonds but only in traffic-related arrests.

Enlisting a bail bondsman will give the accused two important tasks: appear in the scheduled court dates and pay the bail bondsman of the remaining balance. Usually, to enlist a bail bondsman, the defendant must pay a percentage (10-20%) of the total amount set first. The bail bondsman will pay for the rest. If the accused fails to pay the bail bondsman the remaining amount, it is considered a breach of contract. The accused will be charged with a civil violation.

Bail bondsmen have flexible payment options. They will offer different structure regarding the structure of the contract. It is never a bad practice to always read a contract before signing it, as it may include clauses like the bail bondsman turning you over to authorities instead of negotiating among yourselves. There may be additional terms that are inserted in the contract.

Bond contracts can also be done with a payee. If there are other people who assisted you in making the contract possible, they are part of the contract. One example of this is when a friend or a family member helped enlist a bail bondsman and arrange the contract. Both the defendant and the family member or friend that co-signed to pay for the bail will be liable when the defendant disappears and refuse to attend court dates. If you are thinking of bailing out a friend or a relative and you do not have money for it, do not sacrifice yourself by being third-party in the payment for the bail with the bondsperson. You cannot control another person’s decision-making, so be wary of this kind of sticky situation.

There are civil penalties that arise out of failure in paying bail bondsmen. The bail bondsman may sue the defendant even for late payments. The situation is much more complex if the defendant fails to appear before the court and unable to pay the bail bondsman.…

What is a Civil Bail in Law Terms

Those who were in unfortunate situations where they find themselves in jail cells know what a bail is. After being processed (also known as being “booked”), the accused can post bail provided he/she was not arrested for the non-bailable offense. Bail, at its core, is a set amount of money that the person should pay to be released. In a minor offense, there is no need for bail, but rather, a signed citation which promises that the person will appear in his future court dates in connection with his / her offense.

The authorities’ number one concern is the defendant’s appearance in future court dates. Those who are arrested, processed, and released on their “own recognizance” (O.R.) do not need to pay bail since there is no bond posted. The defendant is released after being recorded in writing their promise to appear in court. 24 hour bail bonds Rancho Cucamonga give guarantee to defendants who are being charged with noncapital cases.

Bail is a process where a financial guarantee is set for the defendant to be released from police custody. Part of this process is the promise to appear in all scheduled criminal proceedings at a later date. If the defendant shows up in court dates, the bail amount shall be returned to the defendant. Otherwise, the defendant will be charged with further criminal charges on top of being called for an immediate arrest.

Bail is usually within the realms of criminal proceedings. However, bail may be imposed in civil cases, even though this happens very rarely. Most of the times, civil bail is used to either directly or indirectly secure payment of a debt or in cases that the money is needed to secure a performance of a civic duty. One of the few cases that civil bail is posted is to protect plaintiff’s interest when the defendant may conceal or dispose of his / her assets unlawfully to prevent payment to the former.

How does the bail magistrate calculate the set amount in civil bail? It is largely different compared to how it is done with criminal cases. For criminal cases, the bail magistrate must look at the accused’s criminal records, or if he or she is listed in the Board of Probation’s watchlist. The bail magistrate can assume whether or not the person is a flight risk. Previous criminal records will also illustrate if the accused had repeatedly defaulted in his or her court dates. Defaulting means that the accused failed to appear in his or her scheduled court dates.

In civil cases, the bail is set by the probable amount the defendant owes the plaintiff. This value may be a combination of damages, debt, or rightful ownership of an asset that was either disposed or concealed unlawfully by the defendant. The bail deposit in civil cases, in some situations, may also be used to pay the judgment to the plaintiff.…