How Does Bail Work
So, How Does Bail Work?
Bail is s a procedure intended to allow a Judge or a Magistrate to set at liberty one that
has been arrested or imprisoned, by ensuring the defendant’s later appearance in court,
for further proceedings. Release from custody usually comes to fruition by posting a sum
of money, or a bond. Nowadays, the principal use of bail is designed to support the
assumption that all Americans are innocent until proven otherwise, and therefore should
not be incarcerated prior to trial.
The amount of bail is generally set in relation to the gravity of the offense charged,
although some magistrates take into account other factors, such as the strength of the
evidence and the character of the accused. Furthermore, the defendant’s financial ability
to secure bail is another factor to be considered by the jurisdictional system under the
eighth amendment, which stated that “Excessive bail shall not be required, nor
excessive fines be imposed, nor cruel and unusual punishment inflicted”. Any excessive
bail requirements may discriminate against poor people and certain minority groups who
are thus deprived of an equal opportunity to secure their freedom prior to trial.
When an individual is arrested for a crime, typically that person will be taken to a local
law enforcement station for booking, prior to incarceration in a station lockup or county
jail. Once arrested and booked, the defendant has five options for release prior to
concluding his case in trial. The most commonly known form of release is a surety bond,
otherwise known as a Bail Bond. Bail is designed to guarantee the appearance of a
defendant in court at a designated time.
And What Is This Bail Bond?
A Bail Bond is the most commonly used alternative to a regular cash bail. This process
involves a contractual guarantee taken by a bail bondsman or a bail bonds agency,
namely Western Bail Bonds. The bail agency (AKA Western Bail Bonds) guarantees to
the court that they will pay the bond forfeiture if a defendant fails to appear for their
scheduled court appearances. Prior to the posting of the surety bond, the defendant,
friend or relative must contact Western Bail bonds. Once Western Bail Bonds are
contacted, an interview or appointment will be immediately scheduled.
By involving the family and friends of a defendant, as well as through the acceptance of
collateral, Western Bail Bonds can be reasonably assured that the defendant released
on a bail bond will attend to all of his/her court appearances.
After this procedure is completed, Western Bail Bonds will post a bond for the full bail
amount, financially guaranteeing the defendant’s return to court as scheduled.
