Bail is a contract between a criminal defendant and a court. The court agrees to release the defendant from jail, pending trial, and the defendant agrees to show up for a scheduled court date. To encourage defendants to appear when scheduled, the court requires cash payment.
What Is a Bail Bond?
A bail bond is a type of surety bond. Defendants who can not afford the full cash bail amount sometimes enter into a contract with Wayne County bail bonds. The bail bondsman agrees to pay the defendant’s bail amount to the court in exchange for a fee, which is usually 10% of the bond amount. The defendant agrees to show up for the court date so that the court will return the money paid to the bail bondsman.
How Does Bail Work?
When a person is charged with a crime, they are usually scheduled for a bail hearing with a judge. The judge may either set a bail amount or deny bail. The amount of the bail set is dependant on how likely the judge thinks the defendant is to fail to appear for the court date and how much of a danger the judge thinks the defendant is to the public. Once the bail is set, the defendant can either pay the full cash amount, purchase a bail bond or stay in jail until the court date. In some cases, the court may accept valuable property, such as the title to a house, instead of cash. If the defendant appears for the court date, whoever paid the bail gets the money paid back.
Bail provides a way for persons accused of crimes to get out of jail while they wait for their court date, without the court taking all of the risks that the defendant will commit another crime or not show up for court. Bail bonds provide a means for defendants who can not afford bail to secure their release by paying a smaller upfront fee and promising to appear in court.