When people are arrested on suspicion of a crime, they don’t necessarily have to lock up until they’re tried. Judges can allow them to get out of jail as long as they send a payment to the court. If they don’t have the money, they can get a guaranteed amount. When you see on the news that someone has escaped from prison “under obligation,” it’s a firm bond they’re talking about.
Reservation and Guarantee Implementation
In case you are arrested for committing a crime, the judge will decide whether you must be detained until trial. If you are deemed dangerous or have the ability to flee to avoid trial, you may be in jail. Otherwise, the judge will allow you to be free on the condition that you return to court when necessary. To ensure your return, the judge will likely ask you to “apply for bail” – that is, a deposit for the court. If you do not appear in court, you will lose money.
Those who cannot afford to apply for bail do not necessarily have to be in jail. They can get a guarantee bond, which is a kind of security bond. The bond is essentially an insurance policy: If you do not perform an obligation to someone, the bond provider promises to pay the party a certain amount. In the case of bail bonds, bond providers, or “bondholder”, undertake that if you do not go to court as required, he will pay the court the full amount of the guarantee.
Get a mortgage
Generally, courts only accept bail bonds from state-licensed providers. To receive bail, you – or someone on your behalf – must pay the person holding one percent of the bail up the advance. This percentage is regulated by state law but typically ranges from 10 percent to 15 percent of the bail amount. So if your bail is $1,000 and the fee is 10 percent, you’ll have to pay $100 to get the mortgage. The left-hander then pledges to the court that you will show upon request, or the left-hander will pay the full $1,000. The court accepts the mortgage, and you are released from Jail.
What happens next
If you are present for subpoena as you should have done, your mortgage remains in effect for the duration of your case. Once the case ends – with a conviction, an acquitted or accusations reduced – the binder is freed from his obligations to the court. However, you don’t get your fees back. That fee is the bond’s payment to his services and to the risk that he forged when promising to pay the full amount of the bail if you don’t show up.
If you don’t go to court – known as ignoring bail – the court will rule the mortgage is the default, and the bond-holder will have to pay the full amount of the bail. Bond providers can avoid this cost by asking for time to track you down and catch you. Some states even license “fugitive rehabilitation agents,” also known as bounty hunters, specially authorized to find and arrest fugitives who skip bail. Once you are arrested for hiding on bail, you will return to prison and it is unlikely that you will have the opportunity to be released on bail again in the future.