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A defendant who has been arrested for a crime will be brought into court for a bail hearing, and the judge will review the facts of the criminal case. The judge will then either release the defendant from jail, set bail, or deny bail entirely.
The simplest type of payment, the accused pays the full Bail amount to the courts in cash, sometimes by check or credit card if accepted by the particular county court.
If the defendant fails to meet the bail terms, he or she becomes a fugitive and breaches his or her contract with the bondsman, leading to the forfeiture of the bond value to the court.
Murder charges are very serious. Equally serious are accessory to murder charges. An accessory to murder is anyone who helps someone commit murder or helps that person after the party commits a murder.
In the last instance, courts in some jurisdictions accept title to a home or other collateral of value in lieu of cash.
If the defendant fails to appear in court, the court may foreclose on the property to recover the bail amount.
If the defendant has been accused of a federal or interstate crime, a federal bail bond must be posted for release. There is usually a higher fee and extra collateral needed for these types of bail. Federal crimes include fraud, kidnapping, bank robbery, and hate crimes etc.
Remember, it’s in everyone’s best interest (including the accused) to make sure your friend or family member appears in court on the set date.
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Once the judge sets the bail amount, it's crucial to understand why it was set at that particular figure.
For example if the defendant gets rearrested a week later you get no portion nor a refund of any money. If the bondsman fails to live up to his end of the contract then and only then you may be entitled to a refund of some kind.
When someone is charged with a crime and does not have the money to post the entire bail with the court, a bail bondsman provides a bail bond. Bail bondsmen guarantee the defendant's appearance in court by providing money to the court for the defendant’s bail.