Category: Law

What is Bail Bond

There are mostly three outcomes when someone is released: the person is set free, the person is charged and released on bail, or the person is charged and stays in prison till the end of the case. The second option involves paying bail. Paying bail to be released from jail seems simple from the outside. Taking a closer look at it, there is a lot that goes on during the process. To understand what bail bond is all about, it will be great to know what bail means.

A bail is a particular amount of money that is paid by the accused individual or defendant. This money is paid to guarantee the defendant’s appearance in court. The bail amount is usually high. Only the rich and comfortable individuals have the connections to pay such amounts without any discomfort. Middle-class or poor individuals mostly don’t meet the bail condition set by court. This is where the bail bond comes into play.

Most defendants who want to meet the bail condition and are not incapacitated financially to pay the amount of money, turn to look for alternatives. The alternative available for them is to ask for assistance from a bail bondsman. The bail bondsman is an agent that is experienced in this field, ready and able (financially) to pay the amount of money requested by the court as bail.

Bail Bond Process

The defendant is first arrested by the law enforcement agency after the accused is suspected of committing a crime. The person is then booked and transferred to the appropriate criminal process facility. After the defendant is sent to a criminal process facility, they are charged to court. The court can then decide to grant the defendant bail.

In essence, a bail bond is an agreement between a bond company through their agent and the defendant that needs to pay his bail. The agent will follow all the legal process to make sure the defendant is released from jail.

Types of bail bond

There are two types of bail bond, the criminal bail bond and the civil bail bond.

Criminal bail bond: The criminal bail bond is used in criminal cases, this will guarantee that the defendant will appear in court for trial and will be ready to take any punishment or payment imposed on him.

Civil bail bond: The civil bail bond is used in civil cases that are not in any way related to criminal cases.

How Does It Work?

When a person is charged to court, the judge can set a bail condition that will ascertain the defendant’s freedom while the case is still on. If it turns out that the defendant can’t pay for bail, the bail bondsman can come into the picture to make bail bond agreement.

Before the bail bond can be implemented, the defendant is expected to pay the bail bondsman 10% of the bail amount as collateral. The rest of the bail is paid by the agent.

What will occur next will depend on how the defendant responds to the court after he or she has been released. Here are the options:

Defendant Does Not Appeal in Court: If the defendant fails to appear in court, the bond is forfeited. The court will tell the bail bondsman to pay 90% of the bail. The bail bondsman will use the defendant’s assets which were put forward as collateral to pay the bail. The collateral might be the defendant’s house, accessories, jewelries, etc.

Defendant Appear in Court: If the defendant appears in court, at the end of the court case, the bond is settled. The bail is returned to the bond agent. The agent keeps the 10% collateral paid earlier as his profit.

Conclusion

It is important to note that not all accused persons are given bail. For instance, if a court finds a person dangerous to the public, such a person might not be granted bail.

The bail process is a long process (understand more here: www.lawyer-monthly.com/2021/02/3-benefits-of-using-a-bail-bond-service/) that involves payment of an amount of money for a defendant to be released from jail while trial is going on. Bail bonds help those that are incapable of paying. Trials can take weeks or months before it ends. Keeping someone that might be guilty in prison for that long while trial is on seems harsh, that’s why bail is given to defendants in court.

Paying bail and getting out of jail does seem to be a straightforward idea. The theory is that if anyone is detained, another person will pay money and the person in prison is released. Although this is the basic concept behind bail, there is a lot more to it than that.

People who have never had to deal with the criminal justice system are often faced with a bail situation and are unsure what to do. Is it true that if you are convicted and must post $100,000 in bail, you will be forced to remain in prison if you cannot afford to pay the full amount? Is it possible for anyone else to cover the costs? Is it possible for you to appoint a bail bondsman to cover your expenses? What’s the best way to go about doing that?

Anyone facing detention, or the arrest of a family member or loved one should have a good understanding of how bail operates, how courts decide bail amounts, what types of payment options you can use, and other related issues.

A Bail Bond is a form of promissory note that secures the release of a prisoner from prison. It is issued by a surety bond firm (such as halt – bail bonds) by a bail agent or Bail Bondsman.

Bail bonds are divided into two categories:

Illegal Bail Bond: A criminal bail bond ensures that a defendant can appear for trial when summoned by the judge, as well as payment of any fines or penalties imposed on the defendant.

Legal Bail Bond: This type of bond is used in civil cases to guarantee the payment of a loan, plus interest and expenses, which has been levied against the defendant.

Bail is a concept that describes the imprisonment of a criminal suspect or a person arrested after being arrested before the conclusion of the criminal case.

The money guarantees that the defendant will appear in court for the rest of the criminal proceedings. As a result, bail is not a sentence imposed before a person is found guilty of a crime, but rather a means of ensuring that convicted defendants appear in court without being held in jail for the duration of their case.

When anyone is arrested, one of three things will happen: the arrested person is released, the accuser is convicted and released on bond, or the arrestee is punished and remains in jail until the case is completed. Bail is a way for criminals to get out of prison before a judge decides whether or not they are guilty.

Conditions for bail

In addition to the determination of the amount of bail that the defendant must pay in order to be released, the courts usually place certain restrictions or conditions on the defendant when making a bail decision. These conditions are identical to those levied on persons found guilty of a felony and sentenced to probation.

Typical conditions of bail are as follows:

Preliminary check-ins

Non-Contact Orders

Job growth

Abuse of Substance

Restrictions on Firearms

Bail Categories

There may be a number of kinds of bail available in every state or jurisdiction. The defendants may expect to face one of the following kinds of bail.

Payment Bonds

The amount of the cash bond shall be assessed by the state or local bail schedule or by the court after a criminal trial.

Own recognition or personal recognition bond

This form of bond is similar to both the OR bond and the release and quotation. So, rather than paying some cash to be released, the defendant must sign an agreement specifying that if he or she does not appear before the court as necessary.

Unsafe or Signature Bond

A secured bond, or “land bond,” is a form of bail in which the defendant grants the court a security interest in the property equal to the value of the total bail sum. The security interest is the legal right to own or take over a particular piece of property that is granted to the secured party by the owner of the property.

Bond bail or bond protection

A bail bond is a type of bail payment made on behalf of the defendant by a bail bond agent. Bail bond brokers, also known as bondmen, are individuals who are in the business of paying bonds on behalf of the defendants.

Choosing a reliable lawyer might be the most important step to help you win a legal case. While it can be a challenging task that requires a lot of research and consideration, a reputable legal firm will provide you the best defense and save a lot of money. Here are a few things to make the process easier.

1. Determine which kind of attorney you need

In most cases, it’s always best to choose an attorney who specializes in the specific area which your case is involving. Also, you should find a service that is familiar with the laws and courts of the local area you live. This would allow the attorney to best represent and defense your interests. A few examples of the practice areas include bankruptcy law, criminal law, disability specialist, estates and trusts, family law,, personal injury law, employment law, corporate and small business law.

2. Contact the local lawyer association

Most state lawyer associations will keep a public record about disciplinary actions and complaints taken against lawyers qualified to practice in the area. Thus, make sure to contact them and sort out a few reputable legal firm in your city or neighborhood. More importantly, most local associations usually offer a free referral service which can help you locate a lawyer to suit the needs of your case.

3. Review the website of each attorney

By taking a look at the website, you can learn more about the services and previous work of an attorney. Make sure to read the “About us” section to know the type of practices and area of specialization. Also, check the blog or FAQ section to see if the information is helpful or not. Most reputable legal firms will have a well-developed site that offers helpful knowledge.

Keep in mind that many attorneys also use social media such as Facebook, LinkedIn, or Twitter. So make sure to check those profiles too to get an overall sense of how they would be able to cooperate with you.  A sample of an impressive website is one from the injury and accident lawyers at Hutchison & Stoy.

4. Consider the size of the company

Law firms might come in different sizes, from one to dozen or even hundred attorneys. Thus, it is essential to choose a service that would be most suitable to your case. A big company might want to hire a large legal firm to deal with extremely complicated or international matters. Nevertheless, if you are just searching for a professional to counsel you in writing a will or getting divorced, hiring a smaller service might be more affordable and quicker.

5. Make an appointment

After making a list of potential attorneys, you should make appointments with them and get a consultation. Most firms will do this for free, but some might charge a small fee. If you don’t live in the same city or state as the lawyer, consider scheduling an online consultation instead of a face-to-face meeting. However, you will often want an attorney to show up in court with you, it is advisable to choose a local professional to represent you.

6. Ask your questions

During the appointment, it’s a good idea to ask the attorney any questions you have. He shouldn’t have any issues answering these inquiries, and shouldn’t sound unsure or hesitant. A few areas to ask about include pricing, delivery time for the legal work, success rate, available schedule, and any misconduct.

7. Understand the charge

In general, there are 3 ways that an attorney might charge for their service, including hourly fees, a contingency fee, or a flat fee.

A flat fee means that the attorney will bill one time for dealing with the entire cases, regardless of the number of hours he might take. This type is common in criminal cases, domestic relation cases like custody or divorce matters, document drafting, and bankruptcy cases.

An attorney who charges a contingency fee doesn’t get fees from the clients unless he recovers the money for them, either through a trial or settlement. However, the fee would be from 30 to 40% of the settlement amount. The common cases for this type of fee include personal injury or employment discrimination.

Lawyers billing an hourly rate will get money based on amount of time that they’ve worked on the case. Usually, this type of fee is commonly used by corporations and businesses who are being involved in litigation.

Finding yourself on the wrong side of the law can be terrifying. This is especially true for first time offenders, who more often than not have no idea of what to do about their problems. It is normal to feel panicky if you break the law and are arrested. However, it does not mean that you have to surrender yourself completely to the will of the authorities. It is only fair that your side of the story be heard and considered before any judgments are passed. This is the part where attorneys become invaluable to the public. If you are not familiar with the laws that criminalize your behavior, or are worried that you lack the eloquence to defend yourself in front of a judge or jury, know that you are not alone.

Smith and White is one of the most reputable law firms in Tacoma. The attorneys specialize in criminal law and can ably defend you in a huge number of criminal charges. Here are some of the criminal that the attorneys can defend you from:

• Driving Under the Influence – Driving under the influence is one of the most common offenses that people in Washington are charged with. It matters not whether the drug in question is alcohol or marijuana, or any other drug for that matter. As soon as you pass the breathalyzer test, you are most likely going to be arrested. The penalties of drunk driving are mostly harsh, and they can be disruptive to one’s life. Luckily enough there are many defenses that are available to one who has been charged with driving under the influence. Your lawyer can point out some circumstances that could greatly weaken the prosecution’s case, especially the circumstances surrounding your arrest. If you are in need of a DUI attorney Tacoma, be sure to contact Smith and White.
• Violent crimes – Another class of crimes that you can be charged with is violent crimes, which include such things as assault, battery, manslaughter, murder, burglary and robbery. Because of the weight of these crimes, there are generally many defenses that are available to an accused person. One thing that must be established before one is found guilty of these crimes is that they had an intention to commit the alleged crime. If intention is not established, then the prosecution’s case is likely to collapse. Another defense that is likely to exonerate you is if you were acting in self-defense. If your attorney can prove that you acted reasonably under the circumstances to prevent harm from befalling you or others, then you might receive light or even no punishment.
• Firearms and Weapons Offenses – In Washington, the laws governing the possession and use of firearms are very strict. There are certain types of firearms that you can possess, but not move around with. Others must not be concealed if you walk around with them. Because of these numerous laws, it is easy to find yourself breaking the law out of ignorance. But with attorneys like Smith and White, you can rest assured that they will do all in their power to get those charges against you dropped.
• Federal Drug Charges – Being found in possession of certain drugs, or been accused of manufacturing or trafficking these drugs can land you into serious legal trouble. The law on illegal drugs is very clear, and the penalties are heavy. But with a good lawyer, you can still be able to avoid criminal liability regardless of the circumstances surrounding your arrest.
• Knowledgeable Domestic Violence – This is yet another class of crime that one can be charged with. It covers a wide array of crimes such as battery, stalking, rape and trespass. With an experienced attorney however, you can be able to avoid liability for these allegations as well.
• Record expungement – Having criminal records is not the most desirable thing. Smith and White can however be able to clear your name from this undesirable list. The firm also deals with restoration of civil rights.

Why should you choose Smith and White?

This firm operates on three basic principles: integrity, experience and success. Because of their integrity, they are not swayed by every passing wind to do things the easy way. They always endeavor to do things the right way. With their experience, they know how to apply the law to the maximum advantage of their clients. And ultimately, their goal is to win cases for clients. On the whole, the firm is performing well on the job. If you have any criminal legal problems, leaving your case with Smith and White ensures that it is in safe hands.

There has been an increase in the number of divorce cases every year. This has made the demand of divorce lawyers to rise. Unfortunately, not only are these lawyers few but also not all of them can handle such cases well. In such cases, the weaker parties normally end up getting less than what they deserve. On the bright side though, there is one outstanding divorce lawyer known as Mr. Goldberg who has risen above the others in this field. This Orange County divorce lawyer has created a legal group that is dedicated to help families going through divorce. With clients from all over Southern California, Goldberg is best equipped to ensure that clients are satisfied and successful in their divorce cases.

The Essence of a Divorce Lawyer

At Goldberg Legal Group, the main cases dealt with are those involving divorce and separation. It is only advisable to divorce after all other ways of working things out have failed. So for clients to choose to come to this Orange County Divorce Lawyer, the logical explanation would be that it is a sensitive matter that needs attention.

After hearing out the issues at hand, the clients are advised on the best approach to take. For some cases, settling out of court can be the better option. This is especially if both parties are willing to do so and agree on most of the matters. Nevertheless, there are instances where divorce cases are better handled by the court. This is when there are delicate matters such as child custody that the parties cannot agree on.

Prenuptial agreements, also known as prenups and other related agreements may complicate divorce cases. One therefore needs a proficient lawyer who can clearly explain these things to them in advance. This way the clients know what to expect from the whole process. With Mr. Goldberg, this is certainly one of his priorities so as to ensure that the clients feel involved in the process.

Why one should select Goldberg

The issue of divorce is quite complicated and one needs a very good lawyer to help them through it. Since it is a sensitive matter, it requires skill and diligence to avoid suffering for those affected. Goldberg Legal Group has the best divorce lawyer who ensures that things do not get messy and his client and the children are protected at all times.

Litigation can be quite costly. One does not also need a lawyer who is just full of greed and interested in benefiting from the case. The charges for this Orange County divorce lawyer are quite friendly and affordable to many. In adverse circumstances, he may even offer to handle the case, pro bono. This is to help clients who need help but are not able to afford legal fees.

The issue with lawyers is that they may have a lot of cases on their table and lack enough time to work on all of them. At Goldberg Legal Group, it is quite the opposite as all the cases are dealt with equally and there are no more important cases than others. Mr. Goldberg is very accessible as he always has time for his clients.

Mr. Goldberg has been in the law field for many years. This has made me him develop a rapport with a number of people in the legal profession who may help with a number of cases. He has also has the experience that is necessary for handling different cases. To add onto that, he is also well known in Orange County to be the leading divorce lawyer for most of his cases are successful.

The team at Goldberg Legal Group consists of professionals who are very good at their work. There are a number of roles they play at the firm to make people’s lives better. Apart from the lawyers handling the litigation process in court, there are also counselors who guide their clients through this roller coaster. Moreover, they are friendly people who are trained and know how to handle these cases well.

The Goldberg Legal Group is the best option for families, in Orange County, seeking to solve their divorce and custody matters for the reasons stated above. You can simply pay them a visit at 7545 Irvine Center Drive, Suite 200 in Orange County or call them on 844-326-4561. You can also send them an email for any inquiries you may wish to make.