When you are facing charges in a court of law, you are always assumed innocent until proven guilty. For this reason, instead of incarceration, the judge may allow one to be released to await trial. For the release to happen the judge will need a guarantee that one will avail themselves during the hearing and this is achieved through bail bonds.
Bail bonds are usually presented to the court inform of cash, signature bond, property, or a combination of other forms as required by law. The judge sets the bail bonds during a bail hearing session where the defendants and other relevant parties present information pertinent to the bail hearing. When security bonds or property bonds are to be set the judge has first to confirm that the defendant is financially able to service the bond. A defendant can have another person, called a surety, posting his or her bail wherefore the judge has to assess the surety’s financial power.
A surety has to be present together with the defendant during the bail hearing so that they can both be informed about their obligations. Bails can be revoked or forfeited in the event that the defendant has violated the conditions of his release, or has failed to attend subsequent hearings. For this reason, a surety ought to be confident that the defendant will obey the court’s directives.
The bond that the judge may set for you can be a property bond, a cash bail, a signature bond, or a corporate bond. If yours is a cash bail you ought to pay money whether in the form money orders, certified cheques, or cashier’s checks. The bail is returned to you once you have observed all the conditions set out in the bond. It is also essential for a surety or defendant to make sure that they have signed the required tax forms when posting a cash bail.
For signature bonds the defendant signs some forms with the clerk of the court after which they are to be released. In order for an accused person to avoid the bail cancelation, he or she should observe all the terms of the bond.
On the other hand, corporate surety bonds involve paying a non-refundable fee as a percentage of the bail as a form of collateral. Property bonds are other type of bonds set to serve as security. For the property bonds the judge will need to verify information regarding ownership, value, and other important information pertaining to the property.
Following the observation of the bail conditions, you ought to consult your lawyer to understand how to get your bail returned.
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