Bail money. The common man doesn’t know much about law, because they don’t need to. It’s if and when you get arrested that you may come up with some likely bail questions to ask, especially about bail money.
There’s so much to know. So instead of repenting your ignorance, here are some commonly asked law questions, with its answers.
1. Will I get my bail money back?
Well, it may be good or bad news to you because the reply depends on the type of bond you will be paying. For example, suppose you are thinking about a surety bond from a bail bond company.
If that’s the case, you will have to pay a premium amount, which equates to a small percentage of the actual bail amount. In short, you don’t have to pay the entire bond amount. Paying a slice is more than enough here.
However, you will not get the money back because it’s not the bail amount. It’s more the service fee paid for using the bail bond company’s services.
And in case you pay your full bail amount in cash, then you may get your money back.
However, it’s only if and when you have made all the required court appearances. So in case you decide not to show up at court, then there’s the risk and possibility of the money getting forfeited, and you’re losing it.
Besides, you can lose hope of ever getting the money back if you get arrested when on bail.
It’s not only a cash bail that you stand to lose.
You have the option to make a property bond where you place property as your guarantee in case of cash. In this case, the court has the right to legally seize the property if you don’t appear in court.
2. Who determines the bail money amount?
It’s either the judge or magistrate who determines the bail amount. And if you have noticed that the bail amount tends to vary a bit, it’s all because of its dependent factors.
The judge or magistrate will consider all these variables before finally arriving at a bond amount. Some common factors that affect the amount are the nature and seriousness of crime, how much evidence proving your guilt, and your prior history with the law.
There are even cases where the state or county has its own set of guidelines stipulating the amount of bail deserved. These calculations are made based on the crime committed.
3. It is possible to leave the state or county if you have a bond?
No, it’s not possible to leave your place. However, if it’s urgent and necessary, then you will have first to get written permission from the bonding office.
It’s only after that you can think about leaving the state.
However, you risk getting arrested upon crossing the state or country boundaries if you attempt leaving without any permission.
So, in short, it’s not likely that you can leave if you have committed a serious crime.
4. What are the options to use as collateral for bail money?
Bail bond companies accept bonds only in cases where the bond in question is a significant amount. That’s when it’s possible to place real estate, bonds, credit cards, jewelry, cars, personal credit, and bank accounts as collateral.
There is nothing definite. So it’s better to first check with the office before thinking about your collateral. Each bonding office has its type of bonding standards, which they will accept.
5. Who is a guarantor?
A guarantor is someone who assures the court that the person or arrestee released on bail will adhere to the bail conditions. They will have to sign a separate file than the initial bail agreement.
There is an amount of risk involved in acting as a bail guarantor. You stand to lose your money if the arrestee does not follow the bail terms.
6. What are the consequences of my not reading me my Miranda Rights?
There’s a myth, which many people believe, that people who are not correctly read the Miranda rights can avoid their criminal punishment. It’s, however, right, and not worth considering.
If the arresting officer doesn’t read your right, then the prosecution cannot use any evidence they have against you at a trial. There, of course, are exceptions to this rule, which are most applicable when it comes to public safety.
7. What does ‘Attorney-Client Confidentiality’ mean?
It’s an agreement where the lawyer agrees not to disclose any information their client has told them. It means clients can get the best legal advice if they tell the truth about what had happened.
There is always the chance that the information revealed may lead to legally damaging consequences. That’s why the defendant, the lawyer, court, and the prosecutor must understand this agreement.
The lawyer will be able to give accurate advice without being forced into revealing to the court whatever their client had disclosed.
8. When can I be released from jail?
It all depends on the jail and state you are. Some states and prisons grant your release within an hour, and others may need a few days.
These answers may clear some of your bail related queries. However, you will still need an efficient bail bondsman to help you out if you or your friend or family member gets arrested.
You can always ask bail money questions to someone experienced and efficient like Josh Herman, A bail Bond agency in California. They are always ready to help you out of your predicament.