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Getting arrested and having to spend some time in jail can be quite an unfamiliar feeling. But thanks to the presumption of innocence in the Universal Declaration of Human Rights, you are innocent until proven guilty and may post for conditional liberty. In some cases, if you are fortunate enough, you may be released from jail until your court trial or hearing. However, in return, you will be required to provide some sort of guarantee or security so as to assure them that you will return to face the charges against you. This type of assurance or security is what we know as “bail bonds”.
Bail bonds are a form of contract between the judge and the defendant that will be turned over to the court. Bail hearings are conducted to determine and agree on the type of bail. A special proceeding is conducted to decide on the bail bond. Bail bonds usually come in three forms: cash, property, and signature bonds. In some cases, surety companies may also take action. In cases where there is surety, the presence of both the surety and defendant during trials are necessary. The financial sources of the defendant are considered in cases of other possible bail bond.
Knowing, studying, and understanding the various kinds of bails available (be it in the form of cash, property, signature bond) once the post or request for bail has been acknowledged. Cash bails include cash, checks, and money orders proven to be obtained by legal means. Real estate and legal assets are among the considered forms of property bonds which the defendant presents as collateral or substitute for the total bail amount. For those cases where the defendant is financially unable to post his own bail, this is when a licensed third party (surety) company legally takes on the responsibility for the bail amount, and the defendant will have to pay 10% of the total bail amount. There are also cases where the judge agrees to waive the bail amount; the defendant need not to pay for the bail in cash or collateral, but to only sign a few legal documents and agree to the stipulated instructions and conditions stated in exchange for the temporary release.
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Once the bail is decided on, and the request for conditional liberty has been granted, the defendant is obligated to attend to all court proceedings. In the event that the defendant fails to attend a trial, the bail bond is said to be in default. However, there is no need to worry yet since there are a number of ways in which you can solve the problem and prevent your bail bond from being forfeited. Unfortunately, if you aren’t lucky enough, and nothing has worked out so far out of all the methods and options you have tried, the bail bond you posted will be forfeited regardless of the circumstance, and not a single penny will be returned to you.The Essential Laws of Bonds Explained