Various Forms Of Bail You Can Avail

By Prem A Kumar

Bail is a process sanctioned by the legal system which allows an accused person to be temporarily released from the custody. But only on the condition if the accused will appear in the court on the day of his/her trial. In case of a criminal case, a sum of money, real property or bail bond is to be deposited by or on behalf of the defendant to guarantee his/her appearance at the court.

There are various forms of bail used. Although they may vary for each jurisdiction, the most common forms include recognizance, citation release, surety bond and cash bond.

When an accused is released on recognizance, the person promises the court to all required proceeding and will adhere to good behavior and will, under no circumstances, engage in illegal activity. Although a monetary fee is ordained by the court but it is not to be paid by the defendant unless the court orders it forfeited. This is thus called an unsecured appearance bond or release on one's own recognizance.

Citation release is also known as cite out. This procedure involves the issue of citation by the arresting officer to the person arrested, informing the arrested person that he or she must appear at an appointed trial date. They occur immediately after the arrest of an individual and no financial security is taken.

In a Bail Bond (surety Bond), a third party agrees to be responsible for the debt or obligation of the defendant. This service can be availed by hiring a bail bondsman. The agent will receive 10% of the bail amount as a premium and will keep that amount regardless of whether the defendant appears in court. It is the agent's responsibility to pay the forfeited bond if the defendant fails to make an appearance at the court. And so, the agent usually requires a collateral from a guarantor of the defendant. And then, the agent posts a bond for the amount of the bail, to guarantee the defendant's return to court.

In case of 'cash-only', the only form of bail that the court accepts is cash. The total amount of the bail is required to be posted in cash. The court holds on to the money until the case is concluded. Cash bonds are ordered in cases where the court believes the defendant is a flight risk or when the court issues a warrant for unpaid fines or when the defendant has failed to appear for a prior hearing. These tend to provide an effective incentive for defendants to appear for their hearings. If the defendant does not appear as commanded, the cash bond is forfeited and a bench warrant is issued. And in case the defendant keeps the promise and shows up for the trial, the cash is returned to the person who deposited the bond. Anyone, including the defendant can post a cash bond. If the defendant posts his own bond, the court will deduct fines and cost from the bond before returning any balance.

If you need to bail someone out, contact Los Angeles county bail bonds. Abbabailbonds provides all the legal assistance you may require.

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