If you get detained, there are options available to the accused before their trial. A detained person enjoys several rights and limitations to rights. You can read about the rights in the Sixth Amendment of the Constitution.
Before going to trial, the accused will appear before a judge. The judge can grant temporary freedom upon the accused paying bail.
If a third party agrees to settle the bail, it is referred to as a bond. Before we delve further into the topic, let us find out:
How To Get Around Cash Only Bond
Several factors determine whether you will likely get a cash-only bond as an accused person. These factors are within the scope of your control.
You cannot contest the decision once a judge issues the cash-only option. You can, however, demonstrate to a court that you perhaps deserve a consideration through:
1. Demonstrate that you are not a flight risk
There are several reasons for courts to issue a cash-only bond. The main motivation for courts is to deter people from leaving the court’s jurisdiction during the trial.
Restricting the accused to a cash-only option reduces flight risk. You have to demonstrate to the court that you have no intention of fleeing before trial. You can consult your legal counsel for advice on how to do it.
2. Have a clean attendance record on previous cases
The first thing a court will do is to check your previous cases. The court will assess your attendance and determine whether you are eligible for other bond options.
If you had previously failed to attend other sessions, the court has grounds to issue a cash-only bond. Therefore, you must have a near-perfect attendance to convince the court to embrace other alternatives.
3. Unpaid fines
A court is likely to hand an accused person cash only if they have pending legal fines. The cash-only option acts as a guarantee that the fines will get paid.
You can help your case by having no prior fines. Your record should show that you are compliant and meet your legal and financial obligations as and when they fall due. Usually, the court uses the bond amounts to offset the accused’s fines and other fees.
4. Multiple Warrants
You are unlikely to get bail if you have multiple warrants. It is almost guaranteed to be a cash-only option if you get the bail option.
You should therefore go to court with a near-perfect record. Your legal profile has a bearing on the court’s opinion. Having many warrants presents you as a questionable character in the court’s eyes.
Other Bond Types
Aside from a cash-only bond, several other options are available to the accused. The court applies these bonds after assessing the nature of the case and the individual’s character. Some bond types are more punitive and restrictive.
Property bonds are fairly uncommon. It is a unique bond type applicable to certain legal jurisdictions within the United States.
The accused pledges a property of certain value in their possession. The court holds the property to motivate the accused to show up to trial.
If the accused fails to appear at trial, the court can impose foreclosure on the property. In nearly all jurisdictions where property bonds apply, the property’s equity must be twice the bail value.
The risk of losing property is enough motivation for many defendants to appear before the court.
A percentage bail is a less punitive bail form. Many courts grant the option to people who have a clean legal record. It usually requires the accused to deposit at least 10% of the total bail value to the court’s clerk.
The bail value might be higher depending on the court’s judgment. Repeat offenders or people with a high flight risk cannot have the option.
Immigration bonds differ from most bond types. These bonds belong to the federal bond classification.
A state cannot issue a federal bond as it lacks jurisdiction.
Immigration bonds get levied against immigrants who entered the country illegally. The bond amount gets determined by the Immigration and Customs Enforcement.
Though most immigrants get detained in facilities, there are few cases where Immigrations officials consider bonds.
Recognizance bonds are among the mild and non-punitive bond options. The recognizance is a pledge that the accused makes before the court.
The accused pledges to adhere to the court’s terms. They can’t engage in illegal activities.
The accused is then granted conditional release during the trial period. Recognizance is a promise to the court.
Unsecured bonds are closely related to recognizance bonds. The main difference is the consequences of violations of the terms. As with recognizance bonds, the accused must strictly adhere to the court’s terms.
Violating the courts causes the accused to incur fines on each violation. You could avoid the fines entirely by strictly following the court’s terms.
Pretrial service bonds are non-monetary conditions that a court sets to regulate the defendant’s conduct.
When a defendant is in pretrial, they have to adhere to the program set by the courts. It usually involves check-ins and frequent drug testing. It reduces flight risk.
Surety bonds are special payments that a third party makes on behalf of the accused. In many jurisdictions, surety bonds get issued by a bondsman. These businesses specialize in availing finances to folks who can’t meet their bonds amounts.
Contemporary Issues Surrounding Bonds
Bonds have been standard practice in the legal world for a long time. The application of the bonds system raises many credible issues today. There are several reasons why it is the case.
The biggest issue concerning bail and bonds is that it causes unjust incarceration. As per the United States Constitution, you are innocent until proven guilty. The bonds system does not account for the consequence of an accused’s innocence.
Many innocent people stay in jails because they cannot raise bonds and bails. It is a moral gray area for the legal system that many people try to reform. Many accused people live in a state similar to convicted folks, regardless of their innocence.
As part of the bail bonds system, pretrial restrictions imposed by courts have socioeconomic consequences. The largest impact is that people with pretrial conditions cannot maintain a steady income flow.
The conditions are often restrictive, and it puts a person on pretrial release and is an unattractive prospect for employees. It happens regardless of their innocence.
The application and bond terms are wildly inconsistent in many states. The terms usually get determined on a subjective basis, where courts should exercise their best judgment. The problem with relying on such a system is that it leaves room for ambiguity.
Even in similar cases, the application is different based on a judge’s perception of the defendant. There are also question marks regarding the severity of offenses. Ideally, criminal offenses should get similar bond conditions; however, it isn’t often the case.
Bond regulations often contradict each other, as is outlined by the Fordham Urban Law Journal. The paper shows how the Bail Reform Act contradicts the Eighth Amendment of the United States Constitution.
Wiseman argues that the Bail Bond Reform Act encourages the government to discriminate and punish people by setting unreasonable bonds.
How to get around cash bond only. Pretrial incarceration gets pegged to a person’s ability to raise finances to cover bond amounts.
It creates a system where wealthy people are less likely to get incarcerated pretrial. It skews the legal system in favor of folks who are financially capable.
People who in the pretrial release have very limited access to legal counsel. It consequently weakens their defense in the trial process. There are so many unnecessary restrictions that don’t do defendants any favors.
People who can post bail receive shorter sentences on average than those who can’t. It implies that your ability to post bail is a factor for juror bias. It is the case based on several statistical records.
It shows a flawed legal system that creates a different standard of justice for many folks.
The bail bonds system is far from perfect and could use credible reforms. These reforms try to regulate and make the system better and more equitable for many folks.
How to get around cash bond only has been addressed in this post. 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 have a temporary release if they pay bail. A bond gets created when a third party agrees to pay the bail.
An accused person can reasonably decrease their probability of cash only option. You cannot reverse the decision once a judge issues the cash-only option.