The law provides that an accused person ought to be assumed innocent up to the time when they are proven guilty. For this reason, instead of incarceration, the judge may allow one to be released to await trial. The judge sets bail bonds to warrant the return of the accused to court for the hearing.
There are a variety of bail bonds some of which include property bonds, cash bails, and signature bonds among others. 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 will need to be available during the bail hearing so that he or she and the accused can be given an outline of their roles and duties. In the event that the defendant has dishonored any one of the bail terms, this can result to bail being forfeited by the court. This means that it is necessary for the surety to be certain that the accused will honor the terms of the bond.
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 money is refundable once the conditions of the bail have been met and it is thus necessary to keep the payment receipt. In addition, the ones posting the cash bail need to ensure that they have completed relevant tax forms.
Signature bonds are bonds that require the defendant to sign specific forms in order to be released. In this case, it is important for the defendant to be keen on the terms of the release to ensure that the bail is not revoked.
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 also issued as collateral. In the case of property bonds, the judge has to check details of the property relating to value and ownership and other claims associated with the property.
Once you have met all the conditions of bond, you should liaise with your attorney to know how you can recover the bail.
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