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. 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 bails are formally set during a bail hearing session whence upon being presented with relevant information by the defendant and other parties, the judge decides whether to set bail or not. Some bonds such as the security bonds and property bonds require that the judge reviews the defendant’s financial situation prior to setting of bail. Other persons referred to as Sureties can offer to assist the defendant to post bail in which case the judge will have to assess their financial resources.
The presence of the surety during the bail hearing is necessary since the judge has to explain to him or her and the defendant about their various roles. 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 implies that it is important for a surety to ensure that they have confidence in the defendant.
The set bail can be a signature bond, a cash bail, a property bond, or a corporate bond. A cash bail involves money, and it can be paid with a money order, a cashier’s check, or a certified cheque. 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.
Signature bonds are bonds that require the defendant to sign specific forms in order to be released. If a defendant has been released with this type of bond, he or she ought to pay special attention to the conditions of the bond to prevent the revocation 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.