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When a friend or family member get arrested most people are unfamiliar with how to help them get out of Jail. We here at Aaronic Bail Bonds understand that the process of getting a bail bond may be unfamiliar to you. Our friendly knowledgeable staff will gladly walk you through the process of Bail Bonds.
At Aaronic Bail Bonds , our representatives are available 24 hours a day 7 days a week to help explain the steps involved and discuss any related issues with you, free of charge. We’ll walk you through the entire process so you don't feel like you're all by yourself against a faceless legal system. And we'll even work with you later to make payment arrangements tailored to your financial situation.
Don't go through this difficult time alone. Call Aaronic Bail Bonds today! We are here to help you all the way!
Regardless of guilt or innocence, nobody enjoys spending even a few hours in jail. Incarceration is not only a humiliating and uncomfortable experience, it can also be truly dangerous.
If you or a loved one needs fast, reliable advice and support following a brush with the law, call Aaronic Bail Bonds for free consultation and prompt, knowledgeable bond service. Services and benefits we offer include:
To learn more about our services or to ask any questions about your bail situation, please contact Aaronic Bail Bonds today.
A:The term Bail is used in several distinct senses:
(1) It may mean the security-cash or bond-given for the appearance of the prisoner.
(2) It may mean the bondsman (i.e., the person who acts as surety for the defendant's appearance, and into whose custody the defendant is released).
(3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity.
Admission to bail is the order of a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of security-either an undertaking or deposit-for the appearance of the defendant before a court for some part of the criminal proceeding).
Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties on the other. The agreement basically is that the state will release the defendant from custody the sureties will undertake that the defendant will appear at a specified time and place to answer the charge made against him. If the defendant fails to appear, the sureties become the absolute debtor of the state for the amount of the bond.
A: An undertaking is a permissible type of bail security. The taking of bail consists of a competent court accepting an undertaking of sufficient security for the appearance of the defendant, according to the terms, or the surety will pay a specified sum to the state. Corporate sureties are commonly used, and the court will accept an admitted surety insurer`s bail bond if executed by the insurer`s licensed bail agent and issued in the insurer`s name by an authorized person.
The defendant, or any other person, may deposit the sum mentioned in the bail order or bail schedule. Cash is accepted, and it is the practice for each court to adopt a written policy permitting acceptance of checks or money orders, upon conditions that tend to assure their validity, in payment of bail deposits. Some courts have a maximum amount over which a personal check will not be accepted. Depending upon the jurisdiction, government bonds may be accepted.
The judge or a magistrate may stay the release of a defendant if a peace officer or prosecutor files a sworn declaration demonstrating probable cause to believe the source of the consideration, etc. was feloniously obtained, or the judge or magistrate has probable cause to believe the source was feloniously obtained. If probably cause exists, the defendant then bears the burden by a preponderance of evidence to prove that no part of the source was so obtained. A defendant who prevails must be released on issuance of a bail bond as specified.
The purpose of bail is to assure the attendance of the defendant, when his or her presence is required in court, whether before or after conviction. Bail is not a means of punishing a defendant, nor should there be a suggestion of revenue to the government.
Although the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right. However, with certain exceptions a defendant charged with a criminal offense shall be released on bail. Persons charged with capital crimes when the facts are evident or the presumption of guilt great, are excepted from the right to release on bail. However, a defendant charged with a capital crime is entitled to a bail hearing in the trial court to determine whether the facts are evident or the presumption great. A crime is a capital offense if the statute makes it potentially punishable by death or life imprisonment, even if the prosecutor / government has agreed not to seek the death penalty. It is presumed that the risk of flight of the defendant is great when he or she is facing death or life in prison without the possibility of parole.
Bail can be denied in certain non-capital cases based upon a finding of substantial likelihood of harm to others. When the facts are evident or the presumption great, bail may be denied in the following instances: In felony cases involving acts of violence, or felony sexual assault offenses on another person, if the court finds on clear and convincing evidence that there is a substantial likelihood that the release of the accused would result in great bodily harm, and that there is a substantial likelihood that the accused would carry out the threat if released. The requirement of findings based on clear and convincing evidence implies that a hearing will be held on the issue. If there is existence of a substantial likelihood of public harm it would be determined on the basis of the specific circumstances of the case and prior history of the defendant. The decision to grant or deny bail is subject to review on petition by the defendant.
The amount of the bail is primarily within the discretion of the judge or magistrate, with only two general limitations: First: The purpose of bail is not to punish, but only to secure the appearance of the defendant, and it should be fixed with that in mind. Second: Excessive bail, not warranted by the circumstances. It’s not only improper, but a violation of constitutional rights. In fixing the amount of the bail, the court takes into consideration the seriousness of the charge, the defendant's previous criminal record, and the probability of the defendant appearing at the trial or hearing. Additionally, if public safety is an issue, the court may make an inquiry where it may consider allegations of injury to the victim, threats to the victim or a witness, the use of a deadly weapon, and the defendant's use or possession of controlled substances. A judge or magistrate setting bail in other than a scheduled or usual amount must state on the record the reasons and address the issue of threats made against a victim or a witness. The court must also consider evidence offered by the detained person regarding ties to the community and ability to post bond. The bail amount set by the court must be the minimum amount of bail that would reasonably assure the defendant's appearance. NOT the Maximum!
When the bail has served its purpose, the surety will be exonerated (i.e., released from the obligation). Exoneration normally occurs when the proceeding is terminated in some way or on the return of the defendant to custody. After conviction, the defendant appears for sentence. If sentenced to imprisonment the defendant is committed to the custody of the sheriff, and the liability of the surety terminates.
A defendant who is convicted and given probation is released from custody, and the bail must be exonerated.