The Ins And Outs of Posting Bond
When you are arrested, the Judge may order a bond be posted. The purpose of this bond is to make sure you show back up for your Court appearance after being released from jail. Most people simply don’t have the cash to put up for a bond, so will use a bonding company for this purpose. The process can be intimidating, but the experienced attorneys from the Ferraro Law Group are here to help. We make sure the bond amount set is appropriate for the offense, and handle the paperwork with the bonding company.
Considerations for whether allowing a person to be released from jail in exchange for posting bond, the Court examines the following factors:
● The severity of the crime charged
● The weight of evidence against the accused
● The likelihood the defendant will flee the jurisdiction; such as the strength of family ties, employment status, length of residence in the community, financial and mental condition of the defendant
● The defendant’s criminal record
● The defendant’s ability to pay
The presumption in most cases is for pre-trial release of the accused upon posting of bond, or other Court imposed conditions. If the Court decides you are entitled to be released from jail, by posting bond, you can post the bond in cash, or use a bail bondsman. A bail bondsman typically requires that the defendant comes up with a percentage of the amount of the bond. The amount of bond is set by the Court, and in cases where the bond amount set is very high it has been held that in those instances no bond is actually set. When determining what amount to come up with for the purposes of use of a bondsman, a usual percentage is 10% of the bond amount. The funds are paid to the bondsman as an assurance the defendant will appear in Court, and if the accused is a no show at Court the bond is forfeited and the bonding company will immediately call the entire bond amount due.
For help posting bond, or to seek a reduction in the amount of bond ordered to be posted, use a qualified criminal defense attorney with experience in these procedures. Our office offers a free initial consultation. Contact us today to schedule an appointment.