How Does Bail Work?

Without bail, many innocent people would have to wait in jail while waiting for their cases to go to court. Posting bail allows people to avoid those lengthy jail stays but attaining bail can be a confusing and often intimidating process. Knowing what to expect when using a bail bondsman is key to the quick release of you or your loved one.

First and foremost, bail is the amount set by the court that is required upfront that allows those arrested to be released from jail in a timely manner. Where the bail amount of each case varies widely, bail bond fees are much easier to understand. Most bail bond agents are limited by law what they can charge but the industry norm is 10 percent of the bail amount. Therefore, if the court set the required bail amount at $10,000 then a bail bondsmen would require $1,000 as his fee for placing bail on your behalf. If the defendant shows up in court, and complies with any other court order, then the bondsman gets the full amount returned to him/her while keeping your fee.

In cases where the defendant “jumps bail”, the bond agent forfeits that amount that he posted but is able to use his right to keep any collateral promised by the signer of the contract.

By providing families with surety bail bonds, our bail agents help relieve some of the anxiety and confusion that builds when a loved one is arrested and jailed. Contact our bail agents, serving a variety of areas around North Carolina, for more comprehensive information on bail bonds and how we can help you.


What You Need to Know About Bail

How Bail Bonds can Help When You Need Them Most

If you are new to the justice system and the bail process in particular, then you may have a number of questions about what is required, how it works and what you and your incarcerated loved one should expect. Be offering comprehensive consultations for residents throughout the Raleigh and Wade County areas, we help alleviate some of the anxiety and confusion surrounding bail bonds and how they serve you. Here are a few aspects about bail and bondsmen that you may not have been aware of.

Not everybody needs bail.

Before you go through the process of trying attain a bail bond, make sure that bail is even being required for release. Many non-violent and first-time offenders are released on their “own recognizance” if they are considered to be low flight risks. However, stiff penalties and punishment exist for those that fail to show for court after being released in this manner.

Paying small bail amounts out-of-pocket isn’t always the good idea it seems.

Because the court system can take months, and very often, even years to come to the judgement and sentencing phases, those who paid bail on anyone’s account is basically tying up that cash for years. Unless charges are dismissed or the defendant is acquitted, your funds won’t be returned to you until the conclusion of the case. And if the defendant skips any court date, you are out of the invested money.

Other stipulations, other than court appearances, set by the court can determine the forfeiture of bail.

Even if the defendant you posted bail for attends all the court dates required, they can still cause you to lose the bail amount. Bail bondsmen also  have the right to set requirements that must be met during this time in order to ensure they recoup their costs. These stipulations may include enrollment in drug and alcohol programs and having to stay within a certain city or state until the conclusion of the case.

You’ll most likely need to provide collateral on that bail bond.

As a convenience, and as insurance of recovering their investment, many local bail bondsmen in the Raleigh area accept a variety of collateral types. A surety bond is one where you pay to the bondsman a premium to cover the bond – usually about 10 percent. Other ways of insuring the bond is by putting up real estate, bank accounts, automobiles and other valuable property.

Getting someone you love released on bond may seem like a daunting and complicated process. Here at Amistad Bail and Immigration Bonds we understand that this is an emotional time for your family and we are ready to help with a variety of bail bond solutions.

Bail Amounts: How They are Determined by The Courts

One of the most unpleasant experience one can deal with, is that of being arrested and charged with a crime. The confusion of what to do next, coupled with the questions of how long one will be held in a cell, exacerbate the anxiety attached to the process. Luckily, in this country, accused parties have the right and opportunity to post bail. But one question usually remains until the judges gavel comes down after that first proceeding: What will bail be set at?

In order to ensure that a suspect returns to court, a judge sets a bail amount that is meant to encourage that person to continue to appear as required until the trial is complete. A number of mitigating factors must be considered by the court before bail amount is set. In most cases, the state establishes what guidelines should be considered in setting bail amounts. These factors often include:

  • The nature and seriousness of the crime.
  • The initial evidence that exists against the defendant.
  • The defendant’s ties to the community; i.e. length of residency, employment history, family history and mental condition.
  • The defendant’s past legal record including previous arrests, convictions and failures to appear.
  • The level of perceived danger to society.
  • The possibility that the suspect’s financial income is linked to criminal activity.
  • The probability that the defendant may intimidate or endanger his victim(s).
  • The defendant’s financial situation.
  • In drug cases, the street value of the drugs involved.

At Amistad Bail Bonds, we understand that every situation is different. For us, this means we never treat two cases alike. We don’t provide you with scripted answers. Rather, we offer free personalized consultations, and we help you find the legal information you need, as fast as possible.