If you get arrested, there are choices available to you before your trial. A person who gets detained has many rights and limits on those rights. The rights are in the Sixth Amendment to the United States Constitution.
The accused will appear in front of a judge before going to trial. The accused may get a temporary release if they pay bail. A bond gets created when a third party agrees to pay the bail.
A bail is a legally binding contract. We know that there are legal consequences to violating the terms of a contract but,
Can You Go to Jail for Signing a Bond?
Yes, you can. If you fail to honor the bond agreement terms, you can go to jail. A bond is a serious legal agreement. Therefore, defaulting on payments or failing to honor terms is a legal offense.
The bond issuer has the right to sue you for the full amount, including interest and damages. You should, therefore, read through the contract and ensure that you can meet the terms.
How The Bail Bonds System Works
The bail bonds system allows accused persons to get a conditional release before their scheduled court appearances.
When a person gets arrested, they will appear in court for trial. Before the trial date, the court sets a bail amount.
The bail amount varies depending on several factors such as flight risk, court attendance history, etc.
The pays the bail amount to a court or seeks the services of a bail bondsman. A bail bondsman is a third party that pays bail on the accused’s behalf if they can’t raise the bail amount.
The accused signs a legally-binding agreement where they pay a percentage of bail to the bail bondsman.
The bail bondsman covers the rest of the payments. Any amount the defendant pays to a bondsman is not refundable.
It is different if the defendant pays the money directly to the courts. The courts refund the bond amount to the accused after the trial, regardless of the verdict.
The bail bondsman ensures that you attend your court dates as scheduled. You need to avail yourself of trial dates or face serious consequences.
If you fail to appear before a court, a bail bondsman places a bounty on you. What if you skip all your court dates? There are consequences in cases where the accused fails to turn up for their court dates.
The bail bondsman offsets the total bail amount against the security value the accused provides. The accused could also get sued for damages and defaulting the amount and any interest accrued in the period.
How To Get Bail Bonds
If you are awaiting trial and the judge sets a cash-only bail, you need to pay it to guarantee conditional release. You can stay in remand if you are unable to raise funds towards the bond amount.
You can seek the services of a bail bondsman. Any amount you pay to a bondsman is not refundable, regardless of the court’s verdict.
You must pay a premium to secure your release. In most cases, the amount gets set at 10%. The premium may vary depending on the bail bonds company.
The bail bonds company pays your bond amount to the court. The company is responsible for ensuring that you meet all your court dates as scheduled.
Many bail bonds companies don’t require the defendants to pay the cash amounts upfront. Some companies offer payment plans. The defendant must make periodical payments to offset the premium amount in such cases.
If you decide to go through a bond dealer, you must ensure that your finances are in order. There are hefty penalties for defaulting on premium payments.
Missing payments could put you in a position where you pay punitive interest rates to the company. The company could use your personal property to offset any amount you owe.
Bail bonds companies can sue a defendant for not meeting their payments. These companies usually perform financial checks and default risk assessments.
It helps the companies to determine a defendant’s creditworthiness before agreeing to a bond.
Why is The Bail Bonds System Beneficial?
The bail bonds system is beneficial in many ways.
The system puts less strain on your resources. You do not have to front the full amount to the courts. ]
By paying a premium, you can secure conditional freedom. It allows you to put your money towards other aspects of the case, such as legal fees.
The system allows you to meet the bail amounts without using money.
A bail bonds system allows you to shift your focus to the case. You do not have to worry about raising finances. You, therefore, have ample time to set your defense and think about the case facts.
With bail bonds, you can continue working. Though your freedom gets limited, you will still have the chance to keep going to work.
Maintaining employment during your trial is beneficial, as it helps you raise funds to cover court costs.
Thanks to the bail bonds system, you have a better chance of planning for your trial. You can use your freedom to meet with your legal counsel and set up your defense. Planning is really important, and it could determine your case outcome.
The bail bonds system places less pressure on the defendant’s shoulders during the trial process. Being confined to jail conditions is stressful and worrying for many defendants, especially if they are innocent.
The bail bonds system allows you to get your affairs on order before the verdict. If you have low chances of winning, you can plan for your life during your incarceration.
Arguments Against The Bail Bonds System
For a long time, bonds have been regular practice in the legal profession. Today, the use of the bond system poses many genuine difficulties. There are many causes behind this.
The most serious problem with bail and bonds is that they lead to unfair detention. According to the United States Constitution, you are innocent unless proven guilty. The consequences of an accused’s innocence don’t get accounted for under the bonds system.
Many innocent persons get imprisoned because they cannot raise bonds or bail. It is a moral gray area for the legal system, which many individuals attempt to fix.
Regardless of their innocence, many accused persons live in a state comparable to those convicted.
According to the Fordham Urban Law Journal, bond requirements frequently contradict one another.
The article demonstrates how the Bail Reform Act violates the United States Constitution’s Eighth Amendment.
According to Wiseman, the Bail Bond Reform Act encourages the government to discriminate against and penalize people by imposing arbitrary bonds.
As part of the bail bonds system, pretrial limitations imposed by courts have social repercussions.
The most significant consequence is that persons with preexisting problems cannot sustain a consistent income flow.
The restrictions are frequently tight, putting a person on pretrial release and making it an unappealing option for employment. It occurs to everyone, regardless of their innocence.
In many states, the application and bond terms are extremely inconsistent. The terms often get decided on a subjective basis, with judges using their best judgment. The disadvantage of depending on such a system is that it allows for uncertainty.
Even in comparable circumstances, the application differs depending on the judge’s impression of the defendant.
There are also doubts about the seriousness of the offenses. Criminal charges should ideally have equal bond requirements; nevertheless, this is not often the case.
Pretrial imprisonment is linked to an individual’s capacity to acquire funds to satisfy bail amounts.
It creates a system in which wealthier individuals are less likely to be imprisoned pending trial. It skewed the judicial system in favor of those who could afford it.
People on the pretrial release have very restricted access to legal representation. As a result, their defense in court gets weakened. Several superfluous limitations do not benefit defendants.
People who can post bail get lesser terms than those who can’t. It suggests that your capacity to post bail has a role in jury prejudice. Based on much statistical data, this is the case.
It demonstrates a flawed judicial system that results in a varied standard of justice for many people.
The bail bonds system is far from ideal and may benefit from significant revisions. These changes aim to govern the system and make it better and more equal for many people.
Can You Be Arrested for Signing a Bond? You certainly can. If you do not follow the terms of your bond arrangement, you may get arrested. A bond is a significant legal contract. Payment default or failure to respect obligations is thus a legal offense.
The bond issuer has the authority to sue you for the whole principal amount, plus interest and damages. As a result, you should carefully study the contract and confirm that you can satisfy the requirements.