Tuesday, January 29, 2013

Widespread Misconceptions Associated with Posting Bail

By Charles Aznavour


Being unfamiliar with the bail process is not a bad thing and it is actually a good thing because it probably means that you have encountered it for the first time. For people who was arrested or one of his loved ones was detained for the first time, the bail system could be too complex because of the different false beliefs about the bail process.

The first option for an accused who is trying to regain freedom is posting bail in cash to assure the authorities that he will not escape if given the chance to spend time outside of jail. This fact is often misinterpreted by people who believe that bail should always be in form of cash, which is not true because an accused could actually seek assistance from a bondsman for a Bail Bonds in Redwood City.

Most states set the bond premium ceiling at 10% of the bail amount. This is the reason why the bond premium or bond fee is not negotiable like what other people believe. To avoid encountering problems in the future, avoid dealing with bondsman who are either asking for a higher premium or offering a lower premium percentage because he is clearly violating state laws.

Do not be misled by bondsman who are offering lower bond premium because there could be hidden charges or interest upon successful release from jail. This is also against the law because bondsmen are not allowed to ask for additional charges or interest no matter how hard he worked to give the defendant temporary freedom.

Before embarking on the process of posting bail, the defendant and his relatives should be aware that the collateral is not a mandatory requirement. There are companies that will ask for collateral such as properties equal to150% of the bail amount as an assurance. A company should only ask for collateral if and only if the bail amount is too high or the crime committed by the defendant is too serious.

Another common misconception related to posting bail is the notion that the person who posted bail for the accused has no direct responsibility. This is totally wrong because the indemnitor is responsible for ensuring that the defendant will be present in all court hearings scheduled by the judge.

While out on bail, the accused will be tied up with stipulations such as attending all court hearings and reporting to an officer to update his status. Violation of any rule will force the court to order the arrest of the accused and the bail will not be refunded as part of the previous agreement.




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