If someone is arrested,
what are different methods of release?
Cash Bail
Surety
Bail Bond
Release on
Own Recognizance
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Cash
Bail requires an individual to post the total amount of
the Bail (not just 10%) in American currency cash. The court holds this
money until the case is concluded and the defendant has maid all their
scheduled court dates. If the defendant does not appear as instructed,
the cash bond is forfeited and a bench warrant is issued. In this
situation the defendant becomes their own guarantor, and in some
jurisdictions the court recognizes the funds as the defendants and will
actually seize any fines and court cost if the defendant is found
guilty. |
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The Surety bail bond is when the bail agent guarantees
to the court that they will pay the full bail bond amount if a
defendant fails to appear for their scheduled court appearances. The
bail agent’s guarantee is made through a surety insurance company that
financially backs the bail agent if they are unable to pay the court.
The bail agency charges the defendant a premium in the amount of 10% of
the total bail amount. ie: if the bail amount is $5,000.00, the premium
(fee) is $500.00.
By involving the family and friends of a defendant, as well as through
the acceptance of collateral, the bail agent can be reasonably assured
that the defendant released on a surety bond will appear at all of
his/her court appearances. . |
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Another method of release pending trial is through a pre-trial release
program administered by the county or a law enforcement agency.
Usually, the employees of these programs interview defendants in
custody and make recommendations to the court regarding the release of
individuals on their own recognizance (i.e., without any financial
security to ensure the defendant's return).
The interview process is often conducted over the telephone, usually
with little inquiry into the defendant's background. The interview
process attempts to determine whether the detainee is likely to appear
in court. There is usually no verification of information provided by
the defendant. Since no money, property, or bond is posted to secure
the defendant's appearance in court, he/she faces no personal economic
hardship from the conscious decision not to appear in court. |
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