The law is crucial for any civilized society. It guides the citizens in how to best deal with daily activities.
It is important to follow these laws, and there are guidelines for when we break the law. The US has one of the most complex justice systems, and you need to understand it.
Should you get arrested, you can get out of jail as you await trial by paying a bail bond. To prepare for each scenario, you must understand how these systems work in your state. Let us get into the details and see;
Can You Leave The State On Bond?
This will vary depending on the type of bond the judge gave you. You can leave the state in most standard cases.
However, you should not leave if you can’t manage to get back by your hearing date. The judge could also add some monitoring conditions to prevent you from leaving the state.
General Guidelines When You Are On Bail Bond
Bail bonds can help you avoid a lot of hardship in the justice system. You can pay a bond if you aren’t a capital offender and avoid jail time before the hearing. To avoid going to jail, you need to know and follow the guidelines.
There isn’t anything complicated about bail bonds. The judge will set a price, and you will pay it in whichever form you can.
You have to agree to any additional conditions the judge sets. A judge can add conditions to limit your movement or activities.
The most common is a judge prohibiting the defendant from leaving a geographical area. You have to keep this in mind and follow it. Breaking such a condition will make it look like you are running away, leading to your arrest.
The judge could also ask for your DNA sample, phone, or drug test. These are to know more about you, and compliance makes you seem less likely to escape. You might need to make regular check-ins with the court to ensure your presence.
In such a situation, make plans around the court schedule to avoid missing any meetings. You should avoid taking international flights or long-distance movements. If you have to do it, you can have your lawyer mention it so the judge includes it in the agreement.
The most important part of a bail bond is making it to the court dates. Don’t miss the trial since you will get arrested. You will be unable to get another bail bond should this happen.
Understanding How Bail Bonds Work
Every state in the US has a bail bond system. This system allows suspects to stay out of jail until they go to trial.
They will be innocent or guilty at the trial, and the system will take over. The bail options differ between States, but they have the same general idea.
A bail bond is a promise the defendant makes to the court that they will return. If the defendant doesn’t return, the court will forfeit the money or property. A surety can also post the bail for a defendant, and it can be an agent or friend.
Bail ensures that the defendant shows up for the trial without staying in custody. The bail amount will differ depending on the defendant’s financial state.
The court will set a high enough bond, so the defendant does not choose to leave the money and escape.
Most courts have pre-set bail figures for every offense. However, a judge can alter these amounts if they find reasons to.
For instance, if the standard bail is $50000, the judge could raise it to $100000 if the defendant is wealthy.
The judge will set the bail in a hearing. The sureties can post bail at the courts during business hours. If they miss this, they can go to jail after hours and post the bail there.
The court clerk will issue a bail bond receipt to prove that the surety posted the bail bond. The court will schedule a forfeiture hearing if the defendant doesn’t come back to court. They will then issue an arrest warrant to bring the defendant in.
The defendant will get a chance to explain why they didn’t make it to court. This can be an emergency or unavoidable circumstance.
The court will keep the bail amount if the defendant does not have a valid excuse or doesn’t make it to the forfeiture hearing.
Some bail agents and bond dealers sometimes act as sureties to post bail on the defendant’s behalf.
The bail agent will make money by charging the defendant a percentage fee. This is normally 10% of the total amount.
If the defendant doesn’t show up to court, the bondsman will lose the money in court. The bond agent can legally arrest a defendant and bring him back to court, so they get their money back. Most agents hire bounty hunters to find and apprehend the offender.
The bond agent can even sue the defendant or anyone in the contract to get back the bail money. The bail agent will have a contract with the defendant. They will have assurances listed in case the defendant loses the money.
Types Of Bail Bonds
There are several types of bail bonds you could go with to help get you out of jail. It is a fairly open system that allows you more freedom and gives you a fair chance. Let us look at each of these types of bonds to know what options you have;
1. Cash bonds
These are bonds that the defendant or surety posts to the court in money. The surety or bail agent will deposit all the money in cash.
The court will hold the money until it finishes with the case and determines whether the defendant is innocent or guilty.
Regardless of how the case ends, the court will return the money to whoever posted the bail. The court could deduct some fees and fines if the defendant posted their cash bond. Another option for cash bonds is the percentage bond.
Percentage bonds can be a good option for a defendant who can’t raise the bail money at the time.
The judge will set the amount, and the surety will pay a percentage of the total amount upfront, typically 10%.
The surety will agree to pay the remaining amount should the suspect fail to show up in court. If the defendant comes to court, the surety will get the 10% back at the end of the trial.
2. Immigration bond
These binds operate at a federal level. A surety can post the bond for a defendant that is not an American citizen or if they lack immigration papers. This doesn’t work with American citizens, so the rules are different.
Should the defendant miss the hearing, the surety gets the chance to bring them in. They will get a percentage of the money depending on when they come in. Within 10 days of the hearing date, the surety gets 66.67% of the amount.
If the defendant comes back within 20 days, the surety will get a 50% refund. A 30% refund will be if the defendant comes in within 30 days. Past a month, the surety can’t get any bond percentage.
3. Property bonds
The defendant can post bail by offering a property with the same or more value than the bail amount.
This property can be the defendant’s home or another estate in their name. If the defendant doesn’t show up, the court can foreclose on the property.
All owners must sign the bail bond if the estate has several owners on the title. The court will ask for proof of value and ownership. A local real estate agent’s appraisal can work in this situation.
You can also get a ROR. For a ROR, the judge will authorize the defendant’s release if they promise to return to court. The judge can add conditions like having the defendant stay in the local area.
You will then sign an unsecured appearance bond. The defendant will pay a fine if they don’t appear in court. An officer can issue a citation for minor offenses. These citations might require a defendant to appear in court without jail.
The officer will arrest the person and take them into custody, and they don’t have to pay a bail amount. Failure to meet the court date could lead to additional fines, charges, and an arrest warrant.
So, can you leave the state on bond? You now know most of what a bail bond entails, and you will be in a better position to use one. You should follow the agreement rules to ensure you don’t lose your money.
Understanding how the bail bond system works could ensure you get freedom for a loved one or yourself. Bail is money or other property you deposit to convince a judge to release a defendant from jail. This is collateral to ensure the suspect returns to court for their trial.