Should you ever find yourself or a loved one charged with an offense, you would need to pay your bail in order to be released while awaiting trial. There are basically two ways for you to settle your bail. You may either pay for it yourself or buy a bail bond from a bail bond agent.
How a bail bond works and how a bail bond agent can help.
A bail bond functions somewhat like a check held in reserve. It essentially constitutes a promise that you will show up in court when you’re supposed to. You get your bail bond agent to post a bond with the court, which then holds on to it in case you don’t show up.
You can typically buy a bail bond with a 10 percent premium that is nonrefundable. Besides this, you may be required to provide collateral. This comes in the form of financial interest in some of your valuable property, which can be cashed in if you don’t show up in court.
Although the constitution recognizes the right to bail in the laws against excessive bail, there are cases where it doesn’t apply. It is understood that a defendant charged with a criminal offense may be released on bail, but with some exceptions. For instance, in a capital crime case where the facts are evident or the presumption of guilt is great, the person charged is usually not granted the option of bail.
It doesn’t always follow though that a person charged with a capital offense has no need for a bail bondsman. Before the right to release on bail is allowed or withheld, the person charged with a capital crime is entitled to a bail hearing wherein it is determined whether the facts are, indeed, evident or the presumption of guilt, great.
When we say “capital crime,” we refer to any offense that is potentially punishable by either death or life imprisonment if the government has chosen not to seek the death penalty. Flight risk is presumed to be great in cases where a death or life sentence without possibility of parole is involved, hence the usual verdict of “no bail.”
The death penalty is a legal form of punishment in California, although executions are currently on hold due to lethal injection litigations. Polls indicate that the majority is still in favor of it, but those who are against capital punishment are very vocal about their dissent and the reasons they want it abolished. They also have counter arguments for the points raised by death penalty supporters. For instance, they say that capital punishment cost is actually greater than that of life without parole, citing the expense of the long and complex judicial process required in capital cases as reason. Based on their studies, California could save a billion US dollars over five years by replacing the death penalty with permanent imprisonment.
In any case, capital offense or not, should you ever be in need of a bail bondsman, choose one with a reputation for having the ability to write bonds for anybody regardless of the charge against him. Whether it’s a minor traffic offense or a capital crime, a good bail bondsman should be able to post bail for you regardless of the amount involved.
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