What’s the Difference Between Bail and Bond? The Beginner’s Guide

Hollywood and the media toss around the words ‘bail’ and ‘bond’ almost interchangeably. While the concepts are related, they aren’t the same thing. And your experiences with jail and the pre-trial system will differ based on what you use.

Do you know the difference between bail and bond? Here’s what you need to know if someone you love has been arrested and wants to get out of jail.

What is Bail?

Bail is a part of the justice system in most states. It is the money or actions a defendant must take to get out of jail before their trial. 

Many people think of bail as a punishment, but it’s not meant to be. The motivation behind the money bail system is to prevent people who haven’t been convicted of a crime from spending unnecessary time in jail. It is also a way for the court to attempt to guarantee that if a defendant will return to court and abide by certain rules if they get out of jail. 

The process is not dissimilar to using collateral for a loan: the collateral attempts to guarantee that you’ll pay the loan back.

Bail is often a financial sum of several hundred to up to millions of dollars. The amount set usually depends on:

  • The severity of the charges
  • Defendant’s history
  • Flight risk

The median bail amount in the U.S. is around $10,000. If you post cash bail, and you complete the requirements set by the judge, then you can ask the court to refund the bail after your case concludes. Again, bail is meant to be a guarantee — not a punishment.

If you violate the terms, you lose the bail you posted.

However, there is also a growing trend that sees court systems moving away from cash bail. In August 2018, California passed legislation to get rid of the practice. Many other cities and jurisdictions have also passed some type of bail reform to limit the number of people in pretrial detention and ensuring innocent people’s lives aren’t ruined because they can’t afford bail.

What Happens if You Can’t Post Bail?

Although the median bail amount is $10,000, there are many Americans who find themselves unable to bail themselves out of jail with much lower bail amounts — even $250.

If you can’t afford bail, then you have two options. You can ask your attorney to request that the judge reduces the bail amount. Alternatively, you may be able to seek out a bail bond from a bail bond company.

The Difference Between Bail and Bond

Because the average person doesn’t have $10,000 to give to the court to get out of jail, many Americans rely on the bond system.

A bail bond is a way for the defendant to post bail without providing the full amount to the court.

Defendants get bail bonds from bail bond companies. These companies ask for a nonrefundable premium in exchange for posting full bail for the defendant. The bond company signs a surety bond with the court, which says that the bond company must pay the full bail if the defendant violates the terms of their bail.

Premiums may be as much as 15 percent of the total bond. The bond company may request the premium up-front or through property or via a payment plan.

Because bond companies want their money back, they may have extra stipulations on top of what the judge requires. They may require a defendant to check in with the company on a certain day of the week or consent to monitoring. The company even accompany the defendant to court to ensure they appear.

Additionally, if the defendant fails to pay back their premium, the bond company can also remand them back to jail, even if the defendant didn’t violate the judge’s orders.

Can You Get a Bond Refund?

Perhaps the biggest difference between bail and a bond is that a bond premium isn’t refundable regardless of the circumstances.

If you post cash bail with the court and meet the requirements, you can ask for a full refund minus court fees. If you post a bail bond, then the premium paid to the bond company isn’t refundable to the defendant or their family.

What Happens if a Defendant Skips a Bail Bond?

If a defendant violates the terms of their bail, the judge and the bond company can send them back to jail to await trial.

However, if this happens, the bond company also loses their money. That means the defendant and any co-signers are on the hook for the full bail amount.

Is a Personal Bond the same as Bail Bond?

A personal bond is a type of bail that’s managed by the — not a bail bond company. If a judge assigns you a personal bond, it means that you must comply with the terms or face additional criminal charges on top of your existing charges.

Personal bonds have nothing to do with the cash bond system.

Do You Know the Difference Between Bail vs a Bond?

The cash bail system is still the primary system used across America’s court systems. When a judge grants you bail, then you need to both pay the amount required and follow the rules to leave (and stay out of) jail.

Although the cash bail system should keep innocent people out of jail, many people can’t afford to post the full amount at a moment’s notice. So they use the bail bond system.

The difference between bail and bond is that a bond is posted by a bail bond company in exchange for a premium. If you use a bail bond, your premium isn’t refundable, and you need to follow extra rules set by the bond company.

Was someone you loved arrested but granted bail? Get in touch for a free consultation with a licensed bail agent to help get your loved one out of jail.

Can You Go to Jail for Not Paying Bail Bonds?

You already know that judges tend to grant cash bail with a list of conditions. If the defendant doesn’t meet the requirements, the judge can send them back to jail and keep their bail money. It’s judge’s prerogative, so defendants out on bail need to walk a fine line.

But can you go to jail for not paying bail bonds premiums?

The answer is usually yes.

Here’s what you need to know about your obligations to your bail bond company before you take out the bond.

How to Get a Bail Bond

If you or someone you love needs to post bail but can’t afford it, you can use a bail bond to get them out.

A bail bond company requires you to pay a non-refundable premium to secure your release. In exchange, the bond company signs a surety bond with the court, agreeing to deliver the defendant back to the court or owe the complete cash bail in full to the court.

Although bail bonds are meant to be a way to make bail when you don’t have hundreds or thousands in cash, not everyone can afford the premium.

That’s why bail bond companies often offer payment plans. When you sign up for a payment plan, you agree to pay a monthly or weekly installment totaling up to 15 percent of the cash bail.

Missing that installment can be devastating.

Can You Go to Jail for Not Paying Bail Bonds?

If you fail to pay the premium on the bond, then the defendant can go back to jail.

Bail bond companies have several options if the defendant or their co-signer stops paying the premium.

First, they can go to court and tell the judge that they no longer intend to be responsible for the surety bond. 

Second, the bail bond company can remand the defendant back into custody.

Why Would a Bail Bond Company Send Someone Back to Jail?

When you (either the defendant or their family member) agree to pay a bail bond, you make a binding agreement with the bond company. You must pay the non-refundable premium in exchange for release.

As soon as you sign that agreement, you are on the hook for the premium.

It doesn’t matter if the defendant is found guilty or innocent. It also doesn’t matter if the case is about to get dismissed and the defendant is about to be released.

If you don’t pay the bail bond premium, you are in violation of your contract. Even if the defendant isn’t due to go back to jail, the bond company can take you civil court to request the remainder of the premium payment.

What Can You Do if the Bond Company No Longer Covers You?

If you fail to pay the bond premium, the bond company is within their right to go to the judge and inform the court that they no longer wish to take responsibility for you.

In this case, the defendant then has two option. The first is to find a new bond company. They usually need to find a family member or friend to do this on their behalf. This can be difficult because not only are you still liable for making the original premium payment but now you need to explain why you failed to pay it to a new bond company.

Another option is to ask their attorney to request a lower cash bail amount or argue for a release on a personal bond or recognizance.

The second option works best if the defendant attends their court hearings and it looks like they will get minimal jail time anyway.

However, neither option gets rid of the need to pay the original premium – they only keep the defendant out of jail before trial.

How to Make Sure You Can Pay Your Bond Premium

Failing to pay a bond premium means that the defendant can go back to jail – and you are still liable for the original premium. The bond company can open a civil suit for late payments.

As a result, it’s important to make sure you can afford the bond premium payments before you sign the dotted line.

Here’s what you need to do.

1. Read the Contract Carefully and Don’t Sign Something You Can’t Afford

Only signing a contract you can afford seems like common sense. However, it’s often the case that defendants or their family members are so desperate to post bail that they don’t take the time to think about how they can afford it.

Although arrests are extremely difficult and no one who isn’t convicted of a crime should be left in jail, it is important to stop and think rationally. If you can’t afford the bail bond, ask the bond company about flexible payment options or look for new options.

That brings us to tip #2.

2. Talk to Your Lawyer Before Signing

If you are stressed to the point where you will sign an agreement you can’t afford, ask someone who can be objective to look at it.

A defendant’s criminal defense attorney is an important part of the bail process from beginning to end. They can help you strategize to make the most of a bad situation. A lawyer will also help you come up with options if cash bail – even with a bail bond – is out of the question.

A Bail Bond is a Contract

A bail bond is a legally binding agreement between the bond company and the defendant or co-signer to pay the premium in exchange for services.

Can you go to jail for not paying bail bonds? The answer is yes. If you don’t hold up your end of the bargain, the bond company can remand you back into custody.

As a result, you shouldn’t sign a contract you can’t complete. You could find yourself in a worse position than when you started.

Are you worried about being able to afford a bail bond and looking for a flexible option? Get in touch today for a free consultation to learn how the process works and how you can afford it.

From Auto Accidents to Pedestrian Accidents: When an Accident Is a Crime

It was estimated that approximately 6,227 pedestrians died through auto accidents and motor vehicle crashes in 2018 alone. 

So you can imagine the number of non-fatal pedestrian accidents that must have led to minor to severe injuries. 

Who do we blame in situations like these? And can we place criminal charges on the drivers responsible? Why do most accidents only allow for a civil lawsuit?

Let’s start off by first understanding the differences between criminal and civil charges. 

Civil Vs. Criminal Charges

Civil courts are more focused on providing victims with monetary compensation. These cases often involve “accidents” in their truest sense – acts of negligence, failure to practice due diligence and so on. But it is also common for these civil cases to get settled outside of court via settlement.

Criminal courts, on the other hand, deal with more severe and often deliberate violations of the law. That’s why more often than not, an auto accident is likely to be heard in civil courts rather than criminal courts. 

However, there are certain circumstances where a pedestrian or auto accident may incur criminal charges on the perpetrator. In these circumstances, the penalties may exceed monetary damages and extend to incarceration, fines and other more severe punishments.

Examining Intent in Auto Accidents

An “accident” by definition, implies and unintended or unfortunate consequence. However, there are certain very extreme (and rare cases) where the supposed “accident” may have been caused intentionally. In these rare cases, the driver may have had some motive to deliberately cause damage to property or even death to a victim.

In such circumstances, the driver may be liable for more serious offenses like assault, battery, manslaughter, murder or attempted murder. The destruction of property may allow for a property damage claim against the driver.

These cases are quite rare, so let’s have a look into criminal or civil repercussions of a more common type of accident.

When Do Car or Pedestrian Accidents Incur Criminal Charges?

Criminal charges deal with blatant violations of the law. And when it comes to auto or pedestrian accidents, they often include a factor in addition to the actual accident itself. 

1. A Hit and Run Accident

If you do accidentally hit a pedestrian with your car, no matter how panicked you are, do not flee the scene. Fleeing the scene will only exacerbate your situation, no matter how bad it already is. 

It is considered a legal obligation on all involved in an accident to face the consequences and see them through. When you fail to fulfill this obligation, you might face arrest, get charged with a felony and even face a potential prison sentence. 

2. A DUI/DWI

DUI means “Driving Under the Influence“. This could include drugs, alcohol and other similar intoxicants. Even if you consider yourself sober at the time of the accident, but the police deem you sufficiently intoxicated you will face arrest and criminal charges. 

In addition to this, you may also get your driver’s license suspended and be subject to much higher fines than you would had you not been intoxicated. 

3. Vehicular Manslaughter

If the accident results in a death, it automatically incurs harsher punishment. However, this doesn’t always extend to criminal charges and will vary from case to case. 

4. Reckless Driving

Most accidents involve at least one driver who has been negligent in some way. However, if it can be proven that the driver was driving beyond the ordinary realm of negligence, there may be a strong case for criminal charges. 

Here the court will analyze the circumstances of the accident, the driver’s state of mind and the degree of negligence involved. This is done to determine whether there was an act of criminal negligence involved. 

Civil Repercussions After an Accident

Most cases will have some sort of civil remedy available to the victim. However, in the case of contributory or comparative negligence, such remedies may be limited in their scope. 

Personal Injury Lawsuit

A personal injury lawsuit is a standard lawsuit where the plaintiff seeks to recover damages for medical expenses, loss of wages and other monetary losses caused due to the accident. Here is where the standard rules of negligence will apply to determine liability.

Insurance Claims

Alternatively, the plaintiff may directly file for a third-party claim against the driver’s insurance company. Similar to a personal injury lawsuit, the plaintiff will have to prove that the driver’s negligence was what caused the accident.

Wrongful Death Lawsuit

A wrongful death lawsuit is initiated by the deceased’s family or close relatives. American states have their own laws about this, but when an accident results in the death of a person, the driver responsible may face a wrongful death lawsuit for the damages that resulted.

Like a personal injury claim, the plaintiffs must prove gross negligence on the part of the driver to make their claims. 

Your Next Course of Action

Were you or someone you know recently involved in auto or pedestrian accidents? Did you face criminal charges? Well, then it’s time to get yourself a lawyer. 

If you’re facing a DIU charge, you may also find that the bail involved is higher than you can afford to pay. Don’t let that get you down, you can always enlist the services of a bail agent. 

Get in touch with our qualified bail agents to schedule a FREE consultation. Our services are open 24 hours, to help get you out of a fix any time you need. 

How to Get Someone Out of Jail After Sentencing

Most of us can never envision what it would be like to be arrested. Never mind standing trial and receiving a sentence from a judge. However, it’s important to know that you do have options, even after your sentence has already been issued. Here’s what you need to know about how to get someone out of jail after sentencing. 

What Happens at a Sentencing Hearing?

First, you have to understand what a sentencing hearing entails. 

In criminal law, a sentencing hearing is a hearing that takes place when a conviction has already been entered. It’s not to be confused with the trial itself–the trial has already finished. This is the final stage of criminal prosecution. 

In a sentencing hearing, the judge decides the terms of your sentence appropriate for your crime. They may receive some input from a pre-sentencing letter, prepared by a probation officer after an investigation, but the final decision belongs to the judge. 

As such, the judge decides whether or not you will face imprisonment or probation, how long your sentence will be, and whether you have the opportunity for parole

If substantial incarceration is on the line, the judge may take a few days or weeks to impose an exact sentence, at which point sentencing would occur at a separate scheduled hearing.

With minor misdemeanors, the judge will typically sentence immediately following your plea (guilty, no contest, or found not guilty at trial). 

What Happens After Sentencing

After sentencing, what happens next depends on the sentence itself. 

If your sentence includes imprisonment, defendants are taken into custody to await transport to prison. This happens immediately after sentencing. 

If your sentencing includes probation or treatment, you would be required to make arrangements with the appropriate officials for enrollment in the appropriate programs. 

Your Options

You have certain rights as a defendant in court and this extends even after sentencing. You have options, even if you have been sentenced to prison. 

Your exact options depend on your sentence and the laws in your state attached to that sentence. Here are a few common options on the table. 

Bail While Awaiting Appeal

Post-conviction bail isn’t a federal constitutional right, but it is available in several scenarios, defined by the laws of your state. 

Bail money, also known as bail bonds, is the amount of money required for you to be released from jail pending a trial. The amount of bail depends on the severity of the alleged crime and state laws attached to that crime.

It’s also at the discretion of the judge, who may set higher bail or refuse bail altogether if they have reason to believe that you’re a flight risk. If you don’t have the money, a bail bond agency can step in to pay bail on your behalf. 

Once you’re out of jail, you’re free, at least for now. The arrest and charges are still in place and will remain that way until your pending court date. 

There may also be limits on how far you can go. For minor crimes without flight risk, you may be able to leave the county or even the state (but not the country). If the judge feels you are a flight risk, you may be granted bail on house arrest. The judge will inform you of any limitations on your travel. 

Correcting, Modifying or Reducing Your Sentence

As a general rule, once a final sentence has been issued (i.e. once the judge delivers a legally valid sentence) the judge loses the ability to change that sentence unless there is a specific law granting the court authority to do so. This does not extend to the imposition of mandatory sentences. 

Federal courts can modify sentences only within narrow parameters, such as: 

  • Illegal sentencing (a sentence with no basis in law, resulting from a clerical error, imposed without jurisdiction, etc.)
  • Reduction of sentencing for those who cooperate
  • Compassionate modifications, defined under 18 U.S. Code Section 3582

The biggest exception to these parameters is defendants convicted of crimes that now carry reduced, retroactive ranges under the Sentencing Guidelines. In this case, the defendant may ask the court to apply the new, retroactive sentencing ranges. 

Factors Affecting Your Options

Keep in mind that your options are not universal. 

For example, a judge might refuse bail even if state laws say that your accused crime may be eligible for bail. Judges set bail based on the crime, the evidence, and previous conduct. 

If you’re believed to be a threat to society or you committed a serious crime, a judge can refuse bail on those grounds alone. Murder, rape, kidnapping, and crimes of a similar scale would all be automatic disqualifiers. 

In addition, if during the trial it’s discovered that you’re not a legal US citizen, there’s almost no chance that you’ll be granted bail. You’ll also face additional legal problems from the US Immigration and Customs Enforcement agency and could face deportation on top of penalties for your crime. 

Similar restrictions apply to reducing or modifying sentencing. State laws govern what options are available to you, but those options are not granted arbitrarily–you may be refused those avenues based on the circumstances of your case. 

Ultimately, the decision is up to the judge who will weigh these factors. 

Figuring Out How to Get Someone Out of Jail After Sentencing?

Your options for how to get someone out of jail after sentencing depends largely on the case in question. But it’s important to remember that you do have options, even if the situation seems severe. 

If you need to speak with a bail bond agent about your options, click here to schedule a consultation. 

Can You Get Bail While Appealing a Conviction?

When the state charges a U.S. citizen or resident with a crime, the legal system presumes innocence until conviction. As a result, you have a right to request bail (though not the right to receive it). After conviction and sentencing, you no longer benefit from the presumption of innocence.

But a conviction doesn’t mean you can’t ask for bail.

Unlike pre-trial bail, asking for post-conviction bail isn’t a constitutional right. But if you appeal your conviction or the sentence, it is possible to ask for bail.

How do you get bail when appealing a conviction? Here’s what you need to know.

Where do Bail Requests Go When Appealing a Conviction?

If you are appealing a conviction or sentence, you can request bail from the trial court. However, the likelihood of success is low.

Why?

Because you stand a better chance of receiving bail when your case fits into one of two categories:

  • The  lower court made an error that is likely to result in an overturned conviction or reversal
  • The error is constitutional egregious and expected to generate a new trial

While these types of cases are likely more common, they aren’t necessarily successfully. Only 6.9 percent of appeals filed in 2015 were successful in overturning the conviction of a lower court.

Keep in mind that not all states allow you to request bail after sentencing.

How Does a Judge Make a Decision?

In most cases, a judge uses the same criteria to determine bail as they use during pre-sentencing bail cases. However, trial court judges have a huge amount of leeway when determining whether bail is relevant and what to se it. It can make the requests incredibly unpredictable and exclusively down to the individual judge.

In the real world, each judge’s decision making process differs, but they almost also include two factors in their decision:

  • Public safety
  • Flight risk

You are much more likely to receive bail if the crime was non-violent and if you have a minimal recent criminal history. In other words, the judge wants to know that the defendant isn’t a risk to the public – including their family or the community at large – if released from prison on bail.

Remember that some states don’t allow bail for violent crimes at all. However, you will have learned this if you asked for bail before the trial.

Judges also want to ensure that the defendant doesn’t use bond as an opportunity to skip town. They look at your appearance record, ties to the community, and the sentence handed down.

If you have missed court dates, have few ties to the community, and are facing lots of time, bail is very unlikely (though not impossible).

Judges Usually Set Higher Post-Conviction Bail

The average bail set by judges is growing in pre-conviction applications, and the same is true of post-conviction bail.

Post-conviction bail is usually a huge financial burden for the defendant and any family involved. Even though you can get a bail bond to help with the cost, you still need the collateral or down payment to secure the bond.

Additionally, if you have a short sentence attached to your conviction and a low likelihood of a successful appeal, you could drag out the situation. Not only will you face strict limitations while on bail, but you return to custody is almost inevitable.

In some regrettable cases, it is less painful and expensive to serve the short-term – even when innocent. At the same time, cases with minimal jail time and minor convictions are also when judges are most likely to allow bail.

Should You Apply for Bail During Appeal?

Is bail a good idea if you intend to appeal?

The answer comes down to the particulars of your case – the crime, the conviction, the sentence, and the judge.

If a successful appeal is highly likely and you are likely to have served your term by the time your case reaches the docket, then bail can be very well worth it. 

However, there are cases where asking for bail is a lost cause – or it’s not even allowed.

Ultimately, the question of whether asking for bail is worth it is one for your lawyer. A criminal defense lawyer will know about the law in your state as well as whether bail is possible and worth it. They will also be able to think about a strategy that might improve your chances of staying out of prison while on appeal.

What If You Live in California? Do You Have More Rights?

California’s abolition of money bail doesn’t impact the fact that you don’t have a constitutional right to ask for bail after conviction. Its goal remains to keep as many people as possible out of jail before conviction.

Additionally, the state’s historic overhaul of the bail system is now on hold. Changes to the law caused key supporters to withdraw last year. Now, it won’t go into place until voters go to the polls in the November 2020 election.

So if you are considering bail in California, the situation has not changed yet.

Bail During Appeal Is Unlikely but Not Impossible

The bail system works under the presumption of innocence before conviction. Once convicted (rightly or wrongly), you lose the right. However, you can still ask for bail from the trial court judge while appealing a conviction.

Post-conviction bail is determined on a case-by-case and judge-by-judge basis. In many states, it’s also not available to those convicted of violent crimes. However, in cases where it is clear that the lower court made a mistake or violated your constitutional rights, bail may be an option.

Are you considering bail in North Carolina or Virginia? If you need bail after conviction, then you will likely need a bail bond to cover the cost. Click here to learn more about the bail bond process.

How to Get Someone Out of Jail After Sentencing

Most of us can never envision what it would be like to be arrested. Never mind standing trial and receiving a sentence from a judge. 

However, it’s important to know that you do have options, even after your sentence has already been issued. 

Here’s what you need to know about how to get someone out of jail after sentencing. 

What Happens at a Sentencing Hearing?

First, you have to understand what a sentencing hearing entails. 

In criminal law, a sentencing hearing is a hearing that takes place when a conviction has already been entered. It’s not to be confused with the trial itself–the trial has already finished. This is the final stage of criminal prosecution. 

In a sentencing hearing, the judge decides the terms of your sentence appropriate for your crime. They may receive some input from a pre-sentencing letter, prepared by a probation officer after an investigation, but the final decision belongs to the judge. 

As such, the judge decides whether or not you will face imprisonment or probation, how long your sentence will be, and whether you have the opportunity for parole

If substantial incarceration is on the line, the judge may take a few days or weeks to impose an exact sentence, at which point sentencing would occur at a separate scheduled hearing.

With minor misdemeanors, the judge will typically sentence immediately following your plea (guilty, no contest, or found not guilty at trial). 

What Happens After Sentencing

After sentencing, what happens next depends on the sentence itself. 

If your sentence includes imprisonment, defendants are taken into custody to await transport to prison. This happens immediately after sentencing. 

If your sentencing includes probation or treatment, you would be required to make arrangements with the appropriate officials for enrollment in the appropriate programs. 

Your Options

You have certain rights as a defendant in court and this extends even after sentencing. You have options, even if you have been sentenced to prison. 

Your exact options depend on your sentence and the laws in your state attached to that sentence. Here are a few common options on the table. 

Bail While Awaiting Appeal

Post-conviction bail isn’t a federal constitutional right, but it is available in several scenarios, defined by the laws of your state. 

Bail money, also known as bail bonds, is the amount of money required for you to be released from jail pending a trial. The amount of bail depends on the severity of the alleged crime and state laws attached to that crime.

It’s also at the discretion of the judge, who may set higher bail or refuse bail altogether if they have reason to believe that you’re a flight risk. If you don’t have the money, a bail bond agency can step in to pay bail on your behalf. 

Once you’re out of jail, you’re free, at least for now. The arrest and charges are still in place and will remain that way until your pending court date. 

There may also be limits on how far you can go. For minor crimes without flight risk, you may be able to leave the county or even the state (but not the country). If the judge feels you are a flight risk, you may be granted bail on house arrest. The judge will inform you of any limitations on your travel. 

Correcting, Modifying or Reducing Your Sentence

As a general rule, once a final sentence has been issued (i.e. once the judge delivers a legally valid sentence) the judge loses the ability to change that sentence unless there is a specific law granting the court authority to do so. This does not extend to the imposition of mandatory sentences. 

Federal courts can modify sentences only within narrow parameters, such as: 

  • Illegal sentencing (a sentence with no basis in law, resulting from a clerical error, imposed without jurisdiction, etc.)
  • Reduction of sentencing for those who cooperate
  • Compassionate modifications, defined under 18 U.S. Code Section 3582

The biggest exception to these parameters is defendants convicted of crimes that now carry reduced, retroactive ranges under the Sentencing Guidelines. In this case, the defendant may ask the court to apply the new, retroactive sentencing ranges. 

Factors Affecting Your Options

Keep in mind that your options are not universal. 

For example, a judge might refuse bail even if state laws say that your accused crime may be eligible for bail. Judges set bail based on the crime, the evidence, and previous conduct. 

If you’re believed to be a threat to society or you committed a serious crime, a judge can refuse bail on those grounds alone. Murder, rape, kidnapping, and crimes of a similar scale would all be automatic disqualifiers. 

In addition, if during the trial it’s discovered that you’re not a legal US citizen, there’s almost no chance that you’ll be granted bail. You’ll also face additional legal problems from the US Immigration and Customs Enforcement agency and could face deportation on top of penalties for your crime. 

Similar restrictions apply to reducing or modifying sentencing. State laws govern what options are available to you, but those options are not granted arbitrarily–you may be refused those avenues based on the circumstances of your case. 

Ultimately, the decision is up to the judge who will weigh these factors. 

Figuring Out How to Get Someone Out of Jail After Sentencing?

Your options for how to get someone out of jail after sentencing depends largely on the case in question. But it’s important to remember that you do have options, even if the situation seems severe. 

If you need to speak with a bail bond agent about your options, click here to schedule a consultation. 

Bail Bondsman Requirements: 7 Steps to Get Your License in NC

Have you ever wondered what it takes to become a bail bondsman? Among other requirements, a bail bondsman in North Carolina needs a license. 

Bail bondsmen have a unique role in the criminal justice system. They help post bond money to release people from jail. They also help track people down if they fail to appear in court or honor the terms of their release on bail. 

If that sounds like the perfect career for you, it’s time to get your license. Here are seven steps to meet the bail bondsman requirements for your license. 

1. You Must Meet the License Requirements

Make sure you understand the requirements of becoming a bail bondsman before you move forward in the process of qualifying as a bondsman. 

If you fail to meet these requirements, it’s not worth your time and money to pursue this career. A bail bondsman must:

  1. Be a resident in North Carolina for at least six consecutive months before applying for a bail bondsman or bail bond runner license
  2. Be at least 21 years old
  3. Have a high school diploma (or the equivalent)
  4. Have knowledge, training, or experience and competency necessary to fulfill the responsibilities of a licensed bondsman
  5. Have no outstanding bail bond obligations
  6. Have no current or prior violations of Article 71 of Chapter 58 or Article 26 of Chapter 15A of the North Carolina General Statutes
  7. Not be disqualified in North Carolina or any other state to participate in bail bonds in any capacity
  8. Hold a valid and current North Carolina driver’s license or identification card issued by the Division of Motor Vehicles

If you meet these requirements, you could be a good candidate for your bail bondsman license!

2. You Can’t Be in Law Enforcement

To avoid conflicts of interest, you can’t be a bail bondsman if you already participate in the legal system. 

This conflict excludes:

  • Police officers
  • Sheriffs or Deputies
  • Lawyers
  • Jailers
  • Parole Officers
  • Other roles with influence on criminal justice

Being a bail bondsman is an excellent way to get involved in the criminal justice system. However, you can’t be in law enforcement at the time of your application or while you serve as a bondsman. 

3. You Must Take a Pre-Licensing Course

Once you have your documentation to verify you meet the requirements listed above, you’ll need that information to register for the required pre-licensing course. 

The course takes place over two days and costs between $400 and $500. You can usually register online for the course location that’s most convenient to you in North Carolina. 

4. You Must Apply

After you finish the pre-license course, you’re ready to apply for your license as a bail bondsman! Don’t delay this process after you’ve completed your course—your eligibility expires after six months. 

Be sure you apply for the type of license you want. Each license serves a different role in the bail bond process. 

Bail Bond Runner

A bail bond runner assists a professional bail bondsman. You’ll help get a defendant to court or apprehend a defendant as-needed. You might also keep a defendant under surveillance and execute bonds on behalf of your bondsman as allowed. 

The license fee for a bail bond runner is typically lower than the fee to be a professional bondsman. You won’t be able to act as a fully licensed bondsman, but you’ll get good exposure to the world of bonds and bail. 

Professional Bondsman

A professionally licensed bondsman can operate in the full capacity of the role. You’ll offer cash or security to defendants by following court requirements. 

You’re also responsible for the defendant (or recovering a defendant) while they are out on bond. 

Security Bondsman

A Surety Bail Bondsman works on behalf of an insurer. You’ll receive power of attorney to execute or countersign bail bonds. 

Along with the fee for the license, you’ll pay an exam fee to take your bail bondsman exam. 

5. You Must Pass a Fingerprint Check

Along with proving your residency in North Carolina and your eligibility to be a bail bondsman, you’ll have to clear a background check. 

After you’ve completed your license application and paid your fees, you’ll have access to the online system where you can find an approved location for your fingerprinting. Send your fingerprints, the appropriate forms, and your fingerprint fee to the Bail Bond Regulatory at the NCDOI (North Carolina Department of Insurance).

6. You Must Pass an Exam

You’ve learned what you need to learn from the pre-license course. After you’ve paid your application fee, cleared the fingerprint background check, and the state accepts your application, it’s time to take (and pass) the bail bondsman licensing exam. 

You’ll take your exam at a testing facility. Once you pass the exam, they’ll take your photograph for identification with your license. 

If you fail the test the first time, you can retake it. However, you must wait for one year from your prior test date before you can retake the exam. Keep in mind that you might need to retake the pre-licensing course to stay eligible for the exam. 

7. You’ll Work Under a Supervising Bail Bondsman

After you receive your license, it’s time to get a job! All first-year licensees must work for one year under a supervising bail bondsman. 

Joining a professional team like Amistad Bail and Immigration Bonds is the best way to gain experience and establish yourself as a quality bail bondsman. 

Get Started on Your Bail Bondsman Requirements! 

There’s always a need for bail bondsmen. Get started on your bail bondsman requirements so you can begin your career in the industry.

It might not be as exciting as what you see from bounty hunters on TV, but remember that a bail bondsman is not a bounty hunter. However, it can be a fulfilling career for you as an essential part of the legal system in North Carolina. 

Learn more about Amistad Bail and Immigration Bonds and how we can help you get involved! 

How Exactly Are Bail Amounts Set?

When high profile cases occur, judges have to consider all the facts and evidence of whether or not someone has the profile to be a flight risk. The average person accused of a crime might be able to run off, hide, and start all over, but not always for high profile cases. Even still, those cases include bail that’s often set in the millions.

Here is more information on how bail works and what to expect from judges depending on the charge.

They Consider the Crime

The nature of the crime that was committed heavily influences bail. Typically, stealing a loaf of bread will carry a much lesser bail amount than brandishing an illegal weapon.

The circumstances surrounding the crime are also under consideration. If the person who committed the crime was in danger or acted in self-defense, the judge may be more lenient.

When a crime is particularly violent or dangerous, bail will be set high. The defendant will be considered highly volatile and a threat to others.

In some states, there are specific guidelines that tell judges how to set bail. Sometimes specific types of crimes come with a legally mandated charge. In general, however, the more egregious the crime, the harsher the bail will be set.

Judges Consider Evidence

When there’s a lot of evidence against the defendant, it could be highly unlikely they’ll be found not guilty. If the mountain of evidence makes it seem likely that there’s going to be a conviction, bail will be set high. This is in hopes of keeping the defendant from fleeing.

Flight risks are a serious issue inside a courtroom. If a judge feels that it’s likely the defendant will try to flee, they’ll do whatever they can to prevent them.

Judges attempt to use their best judgment with the information that they’re presented. While there are certain situations where the defendant might have a way out of the situation, the judge needs to make sure the defendant shows up for court.

Previous Conduct Matters

If the defendant has never been accused of a crime before, it’s likely the judge will be more lenient. If they have, their appearance in court will be considered carefully. If a defendant has fled when accused in the past, the judge can only assume that it might happen again.

Failure to appear not only wastes the court’s time but shows disrespect on the part of the plaintiff. If someone was hurt or suffered a loss due to the actions of the defendant, not showing up to court is a slap in the face.

The defendant’s criminal history is sure to come up at the bail hearing as well. IF there’s a serious pattern of committing the same kind of crime, again and again, the judge may see no point in being lenient. When a crime has posed a threat to a community, judges will take this seriously.

Crimes that are unusually violent put the judge in the position to keep the community safe. In order to do that, they’ll set high bail prices out of respect for the order of the community they take part in.

Community Service Helps

If the defendant is a local community leader, has a history of running a small business, or is a public figure, they might have a lower bail. Someone with family ties and a connection to volunteer work is less likely to run a flight risk.

The judge will look at the defendant’s state of mind, any personal or business finances they have invested, and their employment history. A steadiness found in most of these avenues speaks of a person who will await their day in court.

Someone who has recently moved into the community with no real connections to it might run away as soon as possible.

Criminal Status Plays a Part

This can be the nail in the coffin for some people’s bail costs. When the defendant has been convicted before, it shows poorly on their record to be convicted again. if they’re on parole, this new accusation could compound previous convictions and add up to a long stay in jail.

When this is the case, many people might be tempted to flee. Someone who is on release from another crime is more likely to be convicted because juries tend to assume the people continue a life of crime. It takes a lot for someone who already has a criminal status to clear their name.

This means they could run and hide, making it so that bail might be set so high that they can’t afford to get out of jail until their court date.

Finances Make a Difference

If someone has finances that clearly come from criminal activity, they might be set a high bail. Someone who has made millions off of selling something illegally might be able to cover a high bail. When this is the case, the judge needs to look carefully at the evidence.

Drugs arrests are one case where this happens often. A high amount of drugs usually means that there’s a lot of money behind those drugs. The defendant might have access to a network of people who can pay the bail easily and then help them to flee.

Bail Amounts Can Vary Wildly

If a judge understands that the person is trustworthy and has no reason to flee, they might set a low bail in the low thousands. If someone shouldn’t be on the streets, the bail will be set far out of their reach or at least high enough where they couldn’t afford to wave goodbye to that money.

If you aren’t allowed to post bail, make sure you read our guide on what to do next.

How to Find the Best Bail Bond Service in North Carolina

Making an illegal mistake can have serious consequences. If you’re in legal trouble, you’ll do everything you can to avoid doing time behind bars.

The good news is you’ve come to the right place with this article. The best bail bond services give people a chance to take their life back into their own hands. Ending up in jail to await a trial is unnecessary if you’re proactive about it.

It’s an unfortunate truth that many Americans are spending time in jail for something they did. Consider this statistic from the Prison Policy Initiative. As of the year 2019, there are 2.3 million people confined in the United States jail system.

Don’t waste time in a cell just because you can’t afford bail right off the bat. Take advantage of bail bond services to assist your financial situation. Keep reading to learn about the best bail bond service in North Carolina.

Start By Doing Plenty of Research in Your Area

Finding an awesome bail bondsman can take some time. It’s up to you, though, to do the research and find someone you can trust.

After all, there are a lot of bail bondsmen to choose from. Consider how much money the bail bond service industry makes throughout the United States. In 2019, it’s already generated $3 billion in revenue.

Don’t make the mistake of thinking that everyone who calls themselves a bail bondsman is worth your time. Not all bail bondsmen have equal value. It’s fortunate, then, that there are steps you can take to ensure they’re credible.

Make Sure They Have the Proper Licensing and Credentials

For one thing, ask the potential bail bondsman whether he or she has proper licensing. If you aren’t sure, you can check out the state’s Department of Insurance to see if he or she is registered.

Then, there’s another quick online search you can do. Enter the name of the bail bondsman as an individual or a company at the Better Business Bureau website. A search under the category of bail bonds businesses should bring up the name.

The great thing about the Better Business Bureau is that they won’t just tell you whether the bondsman has a legitimate business. The website also rates businesses according to their success and popularity with customers. This can be a key factor in determining who you should hire to post your bail.

Ask About Their Fees Before Signing Anything

It’s understandable that when you need bail posted, you’re eager to hire someone right off the bat. At the same time, it’s important that you don’t get taken advantage of.

Ask about your potential bail bondsman’s fees for posting your bail. On average, you can expect to pay back the bail bondsman both the original bail money, as well as a 10% fee.

If they ask for anything over 10%, be wary. There’s no need to go into debt over bail money when plenty of qualified bail bondsman offer reasonable prices.

Evaluate a Potential Bail Bond Service’s Website

These days, it’s hard to run any type of business without having a functional website. Before you sign any papers to hire a bail bondsman, check out his or her website.

Do they have one with an engaging design? Has the website clearly been updated on a regular basis? Can you tell that the bail bondsman invested in the quality and efficiency of their site design?

Don’t trust someone who doesn’t seem to take their own business seriously. You deserve to trust the bondsman who bails you out of jail. A website can often be a key indicator of his or her reputation.

Don’t Be Afraid to Ask About the Bondsman’s Experience

One of the best things you can do when you’re about to hire someone is to question them. Ask your potential bail bondsman how many years of experience he or she has in the business. It’s important to evaluate whether he or she has the industry knowledge to navigate the legal system.

After all, you want to make sure you avoid a bail bond scam anyway you can. It’s unfortunate that many people who hire bail bondsmen get taken advantage of. That’s why taking the time to research and evaluate your potential bail bondsman is so worthwhile.

Make Sure the Service Is Friendly and Available

At the end of the day, you should have full confidence in whoever you hire to post your bail. It’s important to avoid getting scammed or overcharged for hiring a bail bondsman. You should also make sure you can work well with their customer service.

For instance, if it’s hard to get ahold of him or her in the first place, their services might not be worth your investment. You should only hire someone who is present to hear all of your concerns and answer your questions.

When you interact with him or her, does it seem like you’re a waste of their time? Instead, do they make you feel valued and worth their consideration? Don’t settle for a bail bondsman who doesn’t take you or your legal case seriously.

Check Out the Best Bail Bond Service in North Carolina

At this point in the article, you should have a pretty good idea of how to find the best bail bond service near you. For those of you who live in the North Carolina area, look no further.

Let’s face it–bail money can be expensive. Instead of dipping into your savings account or begging your family for money, consider other options.

Well, that’s why bail bond services exist in the first place. Don’t sit around making phone calls from jail scrounging for cash from your friends. Call a bail bond service right off the bat.

It’s up to you, though, to do plenty of research and find a bail bondsman you can trust. Then, you can hire a lawyer and start working on your legal case. That’s why we encourage you to check out our bail bond service testimonials to learn why we’re your best option throughout North Carolina.

What Happens if You Can’t Post Bail?

If you’ve been arrested in North Carolina or Virginia and can’t find a way to post bail, you’ve come to the right place.

The trauma of a situation like this can’t be understated. Of course, the first thing you’ll want to do when you’re placed in jail is to get yourself out of there. It’s not that simple though. 

You’ll be given a bail amount that you have to pay in order to be released until trial, but often times that amount of money is hard to come up with on short notice. If you can’t post bail, then what happens?

In this post, we’re going to help you explore your options. In a tough time like this, you’re going to need all the help you can get without draining your bank account. That’s easier said than done, of course, so let’s find out what you can do.

How Does Bail Work?

Let’s start by talking about what bail is. When you’re arrested for one reason or another, you’ll be held in jail. Often, the only way that you’ll be able to get out and sort out the next steps in this process is by posting bail.

Bail is a cash amount, a bond, or some item of value that the arrested person gives to a court to ensure that they show up on their court date. If you don’t show up for your court date, they might keep your bail and they’ll probably issue a warrant for your arrest.

The amount will be different depending on what crime has been committed and it’ll be set by the judge. If the defendant doesn’t want to wait for the judge, which usually takes a day or two, there are standard bail amounts set for various common crimes. In short, you can get out of jail quickly if you pay this bail amount.

The 8th amendment of the US constitution states that bail can’t be an excessive amount because a person shouldn’t be punished until they’re proven to have committed a crime. If you’re not in the best financial state, however, it can still be tough to raise the funds.

What to Do When You Can’t Post Bail?

In North Carolina, you don’t have too many options if you can’t post bail. While bail reform has become a hot-button issue in the last few years because of exorbitant bail prices being set and the ridiculous cost of keeping people in jail while they await trial, we haven’t seen many solutions.

There are 600,000 Americans in jail on unresolved felony charges and an apparent 70% of those are because they can’t afford to post bail. The horrible effect that this can have on a person’s family life and livelihood doesn’t really need to be stated. As it stands, you have three options: stay and wait, get help, or get a bail bond.

Stay and Wait

This option is the least desirable of the three. When you get arrested, unless it’s for something truly minor and they’re sure you won’t skip the trial, then you’ve got to just stay and wait. For minor crimes, it’s possible that you’ll be freed on personal recognizance.

How long you have to sit in a jail cell waiting will depend on how busy the courts in your region are and when they can fit you in for a trial. Unfortunately, it’s a complicated process, even for something that might seem simple. You could be waiting a few days, a few weeks, or a few months.

This has a massive effect on where state tax dollars go. In North Carolina, just over $1 billion is spent on prisons, which ranks tenth in the country. However, jails remain understaffed and inmate violence is too high.

Even more startling is this survey that shows education vs. prison costs. In Virginia, it costs over twice as much to keep an inmate imprisoned than to educate a child.

Ask a Loved One

It’s always worth the phone call to a loved one if you’re in a tough spot. Maybe you’re a parent and you don’t have enough assets or cash to make bail. If you want to be with your children, then you can try to appeal to the good nature of a close family member that might have a better financial situation than you.

This option will undoubtedly put some strain on your personal relationships, but desperate times call for desperate measures. If you can’t find help from a parent, sibling, or friend, then there is only one other option if you want to post the bail. Fortunately, it’s the best and most sensible option.

Get a Bail Bond

Getting a bail bond is a wise idea, as long as you’re confident that you can continue being a productive member of society after your trial. This is a type of loan that ensures that you’re present for your court date and allows you to pay a fraction of the bail amount.

A bail bonds company is backed by an insurance company that vows to pay the full amount of your bail in the event that you don’t show up to court. In return, you pay this company 10-15% of the total bail amount and you’re free until your court date. 

It’s commonplace for a friend or family member of the defendant to contact the bail bondsman to arrange the loan. This creates a sense of duty in the defendant to appear in the court since their loved one is often the one paying the bail premium.

This is a good option if you want to avoid unnecessary jail time while paying a smaller bail amount. If you’ve got a large bail amount, 15% of it might still be a lot of money, but if you’re confident in your ability to show up to your court date, then it’s your best option.

Don’t Go It Alone

While your options may be limited if you can’t afford to post bail, it’s important to know that you don’t have to go it alone. Waiting in jail for your court date to come could take months and you might not have months to give.

If you’ve got a loved one that’s caught in a tough situation, don’t let a minor indiscretion ruin their family life and employment. Contact us at Amistad Bail and Immigration Bonds to talk about your bail options today.