An arrested person typically reaches out for a bail agent or bail bondsman to arrange for bail and ensure speedy release. Although the law permits the arrested person to make all arrangements independently, the practical difficulties of arranging cash while in custody compel the person to turn to a bail bondsman for help. No one wants to spend time in jail before conviction in any case, but an arrested person faces jail while waiting for trial unless they can obtain release by furnishing bail. A bail is a form of monetary guarantee provided to the court in the form of Castle Bail Bonds or by paying cash. The bail agent acts on behalf of the arrested person as a guarantor and assures the court that the person will follow all the bail conditions and appear for trial when called.
Detention is inevitable
On looking at the legal system and the process followed by the police to initiate legal action soon after arresting a person, one thing becomes evident that it is almost impossible for the arrested person to avoid custodial detention. The person must stay in custody for at least a few days until the police complete the process of framing the charges and posts the case for trial. However, the law has a provision to help arrested persons avoid or lessen the period of detention by availing bail, which is a form of guaranteeing the court that the person will not jump the law if released. By seeking bail, the arrested person gives an undertaking of appearing at the court for trial, which usually starts after a few weeks.
Setting the bail amount
The procedure of seeking bail consists of appearing before a judge and praying for bail. The judge sets the bail amount by considering various factors like the age, gender, and family background of the arrested person, whether it is a first-time crime, the seriousness of the crime, the social status of the person, profession and income, and other factors in assessing the risks of releasing the person. Based on the assessment, the judge decides the bail amount. The person can walk out of custody soon upon furnishing the bail.
The procedure of furnishing bail
Once the judge sets the bail amount or the police decide the bail amount by referring to the bail schedule available at the police stations and applicable for some specific crimes, the arrested person can either pay cash to avail bail or instead arrange for bail bonds by seeking the services of a licensed bail agent. Bail bonds are more popular because it is difficult for the arrested person to arrange for funds while in police custody and the process can take a long time. It can only delay the release of the person.
Instead, bail bonds are documents prepared by the bail agents in accordance with the legal process, which serve as a guarantee about the arrested person adhering to the conditions stated in the bail and appearing for trial later.
Bail bonds not only ensure speedy release of the arrested person but are cheaper too, as the bondsman charges only 10% of the bail amount to complete the process.