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Bail Bond

Understanding the Process of Bail and Bond

Unlike what you see on television, and what you may read about the process of bail and bond, it is a relatively simple matter. 24 hour bail bonding company

When you have been arrested for DWI, you are taken to the station, put through the rig-a-marole of being booked and are then held until a bail bondsperson comes to set your bail.

Once the bail bondsperson arrives, an officer explains the charge, and makes recommendations to the bail bondsmen based on your priors, behavior, level of sobriety, the nature of offense, and finally any defaults or outstanding warrants. The bail bondsperson uses all this information to (subjectively) determine the amount of bail. It is in your best interest to be courteous, polite and respectful while in custody, as the police and bail bondsperson work together in determining your bail.

Most people are released on personal recognizance. They pay the bail bondsperson a minimum of $40, in the form of cash only, and then bail is set. Depending on the nature of the offense, the amount of bail can range from a few hundred bucks to thousands of dollars.

When you are released on personal recognizance, the bail bondsperson will explain the arraignment schedule and the terms of bail. If you violate the terms or fail to show up for your court date, you will owe the full amount of bail.

It is very important to understand that from the time of the arrest clear through the completion of trial, you are bound by the terms of your bail. Contrary to popular belief, bail does not only apply to appearing in court. Part of the terms of release state that you must stay out of trouble, and not break any laws, as well as any other stipulations set forth by the bondsperson or the court. Keep in mind that in New Hampshire, the state needs only to prove bad behavior that is in violation of law by preponderance of evidence.

If there are concerns about whether or not you will appear at your court date or if there is an issue of safety to self or community than bail can be set in the amount of cash, or cash and surety. When this is the case, you will be required to put up cash and property equaling the amount of the bail.

In cases where there has been a fatality or homicide, you will be held until a judge sets bail. The judge decides if you are eligible for release, sets the amount of bail, and defines the stipulations regarding bail based on New Hampshire statute 597:2.

If you are impaired, you will not be released unless someone sober comes to get you. Many people call the same friends with whom they were drinking to come and get them from jail. These drunken friends can be, and are, arrested on the spot. If you can’t be released to a sober individual, you are held in protective custody until you sober up and can walk home.

Once arrested for DWI your behavior can have a large impact on the amount of bail set, and whether or not you are eligible for release on personal recognizance. As angry or humiliated as you may be, it will only help matters if you present your best face, and continue your good behavior until the matter is completely resolved.

Cherokee County Bail Bond Process-A Review

The process of posting a bail bond involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. In such case, the bail agent provides a guarantee to the court that the defendant will appear in court each and every time the judge requires it. Hence a bail bond is an obligation signed by those who have been accused of a crime to secure their presence at the court when summoned. Cherokee County Bail Bond Process

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The bail agent charges a percentage of the bail amount from the defendant for this service. So, one advantage of the bail bond is that this obligation ensures that the accused will lose money if he or she does not appear for the trial. The defendant or someone related to the defendant contacts the bail agent to arrange to post bail, resulting in the release of the defendant. Usually, a relative or a close friend of the defendant will post bail and co-sign. However, the co-signer or the person contacting the agent for the bail bond must guarantee to pay the full amount of bail if the defendant does not appear in court, before the bail bond can be posted.

Sometimes the bail agent does not require collateral to post the bail. A person can be bailed out from jail with a signature of a friend or a relative. However, co-signers typically must be employed and must either own or rent a home in the same area for some time. After the agreement is signed, the bail agent posts a bond for the amount of the bail, to guarantee the defendant’s return to court.

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The co-signer holds a lot of responsibility when entering an agreement with the bail agent, in that if the defendant fails to appear, the cosigner is immediately responsible for the full amount of the bail. Also, if the bail agent searches for and then finds the defendant, the cosigner is again responsible for all expenses the bail agent has incurred in the process.

In some states, the court allows the release of defendants after they pay ten percent of the bail bond amount directly to the local jail or court. But this is only in certain cases wherein the defendant cannot raise the entire bail amount at one time. However, in other states, defendants can arrange for the whole bail amount through a bail bondsman.

But in this case the defendant or the co-signer needs to sign over a collateral. The process is then similar to that of the other bail agents. The collateral is returned to the defendant after the court summons are finished and the case is closed. This indicates that the bail bond is discharged.