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What Is Bail?
Bail is an amount of money or property that is deposited with a court by a person who has been charged with a crime. A defendant who has been arrested for a crime will usually be held in custody until some form of bail has been posted. Bail is the defendant’s guarantee to be present at all court proceedings.
The amount and type of bail are fixed by the judge at the first appearance before the court. A court will consider the defendant’s individual circumstances when the amount of bail is set. The bail amount must be sufficient to ensure that the defendant will appear for all scheduled proceedings. A court must also consider the safety of the community, the seriousness of the alleged crime and the defendant’s record.
A bail bonding agent posts a defendant’s appearance bond and guarantees that the defendant will appear whenever required. Bail bonding agents must be licensed by the state and have an appointment from an insurance company or be a qualified cash bonding agent.
Bail bonding agents are paid a premium, which is usually nonrefundable, to post the bond. If the defendant fails to appear, the court may order the bond “forfeited” and require the bonding agent to pay the court the full amount of the bond.
Bail bonding agents have the right to apprehend, return the defendant to custody, and to use collateral taken for the bond to pay the bond forfeiture and costs.
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