Police Bail. When a person is arrested by a law enforcer but it is not yet possible to press charges on him, he is released with a citation to appear before the courthouse on a specified date. When formal charges are served, the accused will then be required to apply for a conditional release from jail.
Court Bail. The application for a courthouse bail involves approval from two people: the judge or the registrar. If a person's application is not opposed by law enforcers, the latter provides approval. Otherwise, the judge is sought for when the police objects to a person's application.
Bail Approval Considerations:
The following are reviewed before a person is awarded an approval to be released from being detained:
Interference. This is the probability of a person's coming in contact with viable witnesses or evidence to the crime. The concepts of intimidation and eliminate pieces of evidence are classified under this.
Flight and crime risks. The former means the chances of a person's fleeing and not showing up in court while the latter deals with the likelihood of a person committing a crime while on conditional release.
The crime. The seriousness of the crime committed plays a major role in bail approval. In reverse, a person's ability to be able to prepare defensive evidence is looked into. In addition, the nature of the punishment after the verdict is also projected as well as the strength of the case built around a person.
Character. A person's previous criminal records can affect the outcome of bail application.
If a person is considering bail bonds, the following options are representative of the actions he can take:
Finding a bondsman. Bondsmans are legal services providers who take steps at helping a client pay a cash bond. They work with credit providers like insurance companies, banks, and creditors. Finding them is easy as they are established as a business catering to bail provision. They may also be lawyers who can represent people in the courthouse.
Seeking collateral. If cash is short and a bondsman is not preferred, a person may consider using his properties as a surety in a type called property bond.
On both of the aforementioned, a medium of security is involved. The only difference is, securing a bondsman to help an accused person involves fees which affect the amount of money the latter will need to pay. On the other hand, using one's property entails the risk of loss when the conditions of the temporary release are violated. It is essential for people who are under some type of bond to adhere to the prescriptions of the courthouse in this case.
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