Bail bonds are an integral part of the criminal justice system, yet many individuals still find themselves confused about their processes. Misconceptions involving bail bonds often lead to undue stress and confusion not only for defendants but for their families as well. This article aims to disprove the most common misconceptions associated with bail bonds, allowing people to know more before proceeding.
Bail bonds Are Meant for Only Serious Criminal Cases
A very common myth is that bail bonds are used only in those cases that require serious criminal offenses. Not necessarily. Bail bonds are as easily required for those criminals who are involved in quite minor charges, ranging from petty misdemeanors to greater felonies. Whether it’s a traffic violation or some sort of more serious crime, the amount of bail determines the need for a bail bond, not the severity of the crime. When a defendant cannot pay for the full amount of the bail, he may apply for the help of a bail bondsman, irrespective of the gravity of the offense.
You Have to Pay the Entire Bail Amount in Cash Upfront
Most people think they have to pay the whole bail amount upfront to be released. It’s not the case because a bail bondsman only requires a small percentage of the total bail, often between 10-15%. Such a fee is non-refundable but much lower than the whole bail amount. The purpose of the bond is to act as a guarantee that the defendant will appear in court, so the amount of the bond is returned once the defendant has fulfilled his court obligations, minus the fee charged by the bondsman.
Bail Bondsmen Can Choose Who to Help
There is a misconception that bail bondsmen can arbitrarily choose who they will help or refuse. While bondsmen evaluate the risk of doing business with each client, they do not make judgments on the individual on trial. Instead, they are financial service providers; in exchange for a fee, they offer to assist with a problem. What the bail bondsman wants to know is whether or not the defendant will come to court as required. If a bondsman has reasonable doubts that a defendant will fail to show up for court, they may choose not to offer the bond. However, refusing service is not based on the nature of the crime or the person’s character but rather on the likelihood of risk.
Bail Bonds Are a Free Service
Another myth is that bail bonds are a free service that doesn’t require payment. In truth, a bail bondsman charges a fee for his service, which is generally non-refundable. That fee serves as compensation for the risk they take by guaranteeing the defendant’s appearance in court. They are responsible for the entire bail amount if the defendant does not appear in court, so the fee that they charge covers the cost of this risk. They may also need to use collateral, like property or valuables, to guarantee that the bond is supported.
Bail Bonds Are Equivalent to Paying Cash Bail
Bail bonds and paying the full bail amount are two different means of securing a defendant’s release from jail, even though they both do this. When a person pays the whole bail amount to the court, that money gets refunded to the individual when the defendant appears in court. With a bail bond, the fee paid to the bondsman is not refundable, and it is viewed as a loan, wherein the bondsman assumes all the financial obligations. The significant distinction is that when using a bail bond, the accused pays only a small part of the total amount in bail.
Bail Bonds Are Only Offered in Urban Centers
Some people believe that bail bonds are only offered in the big cities. Actually, bail bond services can be found in many different sizes of locations, including big cities, small towns and even in rural settings. Whether it is a small town in Texas or a bustling metropolis like Los Angeles, bail bonds are available to acquire with the help of local professionals who are well aware of the court system and local laws. This local expertise can expedite the process and ensure that all the paperwork is properly filled out. Bail bonds are not exclusive to big cities; they are available to people in many locations, making them accessible to many.
Conclusion
Understanding the truth about bail bonds can help clear up a lot of misconceptions and reduce confusion when the time comes. Bail bonds aren’t just for serious crimes, and full payment does not have to be paid upfront. Bail bondsmen are not the judges of morality; they make sure that the defendant gets out and returns to court. There are costs, but they are significantly less expensive than being required to pay the full amount of the bail, while bonds come in a diverse range of areas.