Bail is the temporary release of a prisoner in exchange for security given for the due appearance of the prisoner.
When a person is arrested and charged with a crime they will be required to wait in custody for a sentencing hearing or pay money to be released while waiting for the sentencing hearing. The money required for the release of the prisoner is called bail. It can be paid by anyone, including friends, relatives or bail bonds companies to the jail.
Consideration put up for bail, typically cash, is returned to the client when the offender appears at their trial. The return of bail consideration does not hinge on the outcome of the trial. The return of bail money is dependent on the accused offender’s appearance at all court proceedings and that they follow all of the instructions of the court. Almost all people accused of crimes in California are offered bail privileges by the court. However, in the case of capital crimes bail is often revoked as an option when overwhelming evidence can be presented by the District Attorney.
Occasionally the court allows an accused offender to be released without posting bail. This is commonly know as “on their own recognizance.” Such cases are based on the suspects apparent good behavior and lack of criminal record. In these cases, bail might be required if the suspect fails to appear in court.
Most often, when someone is arrested and accused of a crime, they will need to post bail in order to obtain release from incarceration. Bail can be posted by anyone possessing the ability, or if the funds are not available a bail bonds agency can extend the bail as somewhat of a middleman. A bail bond issued by a bail bond company is known as surety.
Once the bail bondsman pays the bail fee, a 10% fee is charged to the client. 10% is a California State regulated amount. The bail bondsman only collects payment once the trial is complete. Occasionally, the court takes 10% if a bail bonds company is not used. Clients must agree to show up to court and be present at all legal proceedings. Should a client fail to attend any legal proceedings, additional fees will be applied to the bill.
Should an offender fail to attend a trial or show up for a court appearance, the bail bondsman may employ a bounty hunter to locate the suspect. Bounty Hunters are professionally trained employees who track down fugitives who have ditched their court appearance or “jumped bail.” Once the fugitive is found, the bounty hunter will return the suspect to jail. If an offender jumps bail, the fees used to employ the bounty hunter are tacked onto the original bail bond cost and thus more expensive for the client.
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