| A person who is arrested is presumed innocent. However, it certainly doesn't seem that way if you're sitting in jail waiting for the chance to tell your side of the story.
Technically a person who is in jail after being arrested is there for booking purposes; booking and pretrial detention are legally not considered punishment. Considering that a person is housed at the same jail where people are serving a sentence as part of their punishment, it is a meaningless distinction to everybody but the lawyers who invented the system. Chances are if you're in jail, you want to get out. Now.
After the person's identity is verified and processed into the system, a person can either stay in jail and wait for trial, or they can post bond and return to court as part of their normal life. In order to ensure that the person returns to court to answer to the State's accusation, the criminal justice system has to have some leverage to provide an incentive to come back to court. (Otherwise, if you're guilty of a crime and got caught, there's not much incentive to voluntarily return to court and be punished.) This is how bonds are used. In extremely serious cases where there is a greater risk of skipping town, the magistrate will set a high bond. In less serious cases where there is less of a risk that the person won't return to court, a magistrate sets a lower bond.
When the person pays the bond, the court holds the money as collateral to ensure that the client returns to court. If the person doesn't return to court, the bond money is forfeited and the judge issues a warrant.
One difference between hiring a lawyer and a bail bondsman is in the type of bonds that are used to secure a person's release:
Type
of Bond
|
Available with: |
Advantage |
Disadvantage |
|---|
Sumpter &
Gonzalez?
|
Bail Bondsman?
|
Personal Bond
|
Yes
|
No
|
Allows release "on credit"; defendant is personally
liable for the bond amount. |
In exchange for the risk of unsecured liability, judges
can impose conditions of the bond like counseling, no contact provisions, supervision, drug or alcohol treatment, etc.
|
Cash Deposit
Bond
|
Yes
|
No
|
Allows a person to pay less than the
full amount of the bond and the money is still refundable. Often
used by attorneys as a credit to be applied against
the cost of legal fees in the underlying defense. |
The biggest disadvantage is for the lawyer. Because a lawyer
typically requires assignment of funds as a condition of
writing the bond, the money is applied towards legal fees.
However, the lawyer doesn't have access to the funds
until the case is resolved. The lawyer takes a financial risk
that the client returns to court, and in essentially providing
an interest free loan for a year.
|
Cash Bond
|
Yes
|
No
|
Cash bonds are fully refundable
(less an administrative fee charged by the county)
upon the conclusion of the case. Often
used by attorneys as a credit to be applied against
the cost of legal fees in the underlying defense. |
The full amount of the cash bond must be tendered.
Neither client nor lawyer has access to or can earn
interest on the funds while the case is pending. A
person can post a cash bond without a lawyer or bail
bondsman.
|
Surety Bond
|
Yes
|
Yes
|
In serious cases with a high bond, sometimes a
surety bond is the only way to obtain a person's
release (the last resort).
Additionally, some counties do not let lawyers
post the above-referenced bonds and a surety
bond is the only way to obtain a person's release.
|
With a bondsman:
Requires a co-signer, significant collateral worth twice
the amount of the bond, and creates arduous requirements
of calling and checking in with a bail bondsman once a week.
Most importantly, a person may pay thousands of dollars to
a bondsman for one hour of work.
With S&G:
We only agree to underwrite surety bonds for current clients
who have trust accounts with the Firm. (And friends and
family, but hopefully you're not reading this website in jail,
Mom). |
|
