7 Questions About Bail
Although the bail system is not a very complex arrangement, it requires careful learning because of the differences it envisages for various situations. For this reason, we have covered various aspects of this topic in various posts and frequently used the question-and-answer method. On this page, you will see seven of the most frequently asked questions about bail and learn their short answers.
What is Bail?
Bail is a sum of money either in cash or a surety bond to ensure the defendant’s presence when his/her presence is required in court. It permits the defendant to leave the jail premises until his/her case is thoroughly probed. Since this question is the most basic of the questions about bail, we are content with its brief definition here. The articles you need to read for the full answer are on the site.
Who is Authorized to Bail?
Anybody is capable of posting bail for the defendant. If the accused is financially incapable of bailing him/herself, any other person may do so as long as he/she is at the age of 18 and above.
Is refund possible after the bail?
It could take a long time, say months. If a cash bond was used for bail, it is possible to have some or all of the money back. However, this is only possible when the case is dismissed. A lot of paperwork is to be filed and processed. If a surety bond is posted, the premium paid for the Sheriff’s fee cannot be refunded.
Questions About Bail – What are cash bonds?
A cash bond is a sum of the bail requires, or the full amount of the bail that is paid in cash in order to have the accused released from jail. The amount varies depending on the crime supposedly committed by the accused. As long as it consists of the full amount, it is a cash bond. However, as stated above, the Sheriff’s fee is non-refundable. For instance, a cash bond is worth $500.00, and the Sheriff’s fee is constantly $10.00. Therefore, the total amount to be paid is $510.00.
Questions About Bail – How is a cash bond posted?
For full instructions, it is best to call the Sheriff’s office. Yet, it is best that you call and not ask your bail bond agent o post the cash bond on your behalf as this is considered unethical. A cash bond may only be filed by the defendant or somebody else but not the bail bond agent.
If I change my mind after I post a cash bond, would it be OK?
You may request the accused to return him/her to jail, as long as it is prior to his required hearing date. Necessary paperwork will then be done by the court personnel. After completing the paperwork, a deputy clerk will have it approved by the judge. Approximately 2 weeks are allotted for the approval of the judge.
Questions About Bail – Will I be able to get my money back?
It is possible. If the accused complies with court rules and is able to appear in all required court appearances, you may get your money back whether the defendant is proven guilty or not. However, in the event that the crime committed has caused damages, the cash bond may be used to pay the fines and costs of damages done. This is of course directed by the court and is pushed through by the clerk. It is also important to inform the court regarding whose money is used for the cash bond. This will be useful in the event that the money may be returned. But if the defendant is found innocent, is able to attend all required court appearances, or the charges are dropped, the cash bond is automatically mailed to the person named. Approximately 2 weeks should be allotted for the processing.
It is very pertinent that enough knowledge is acquired before even bailing someone out of jail. It may have benefits, but it isn’t a very easy process. A bail bond agent may help, yet, being aware of the process is still the best. For this purpose, we recommend that you browse through all the articles on the site and read as much as you can. You will find many answered questions about bail on our website. In addition, it will be useful to follow the Facebook page of this site:
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