Before we proceed with the topic about myths on Bail bonds, let’s begin with its history to shed some light on how it came to be. The year 1215 marks the beginning of the bail bond service in the world when the Magna Carta has been passed in Runnymede, England.
In the United States, the 8th Amendment of the Constitution is the basis for its bail system. It can vary from state to state depending on the laws placed for it. (If you are from Colorado, check out bail bonds near my location for the best agency in town to help you with your bail bond’s needs)
As the time passed, there have been many amendments and improvements in the bail system of the country. And bail bonds have played a huge part in the bail industry since not all people have cash to pay the bail set by court.
However, there are still a lot of misconceptions regarding bail bonds so we have gone through some of them below which could help people to make more informed decisions.
1. Bail Bondsmen sets the amount of bail
Bail is the amount of money a defendant needs to pay to get out of jail. However, this is only for temporary release and the defendant still needs to appear in court. Often times, people are confused about the proper process of bail. To set the light upon this confusion, a judge is the only person allowed to set the amount of bail. They also have the right to deny bail depending on factors on the defendants alleged offense.
In this case, you cannot call bail bond agencies to demand how much you are only willing to pay them for bail. They are not also allowed to negotiate for a lower bail since it is rare for court to reduce it once it has already been declared.
Good thing is that bail bond agencies are always there to help if you cannot afford to pay for the bail particularly if it is a huge amount of money.
2. Bail Bondsmen are cops
Though both bail bondsmen and law enforcement are both helpful people, they should not be confused with each other. Though there might be some similarities in the kind of work that they do, these are two separate professions. There have been misconceptions about this that some people are afraid to seek the help of bondsmen thinking that they will be sent to jail because these are cops with just a fancy name.
Bail bondsmen or sometimes referred to as bail agents in general are licensed private professionals who offer bail bond service to people who cannot afford to pay the bail amount set by court to grant for their temporary release. It is also the responsibility of bail bondsmen to ensure that the defendant shows up on court date as not to forfeit the bail money.
Law Enforcement on the other hand are members of the government who are tasked to uphold and enforce the law. The only role they have in the bail industry is to arrest defendants who failed to appear in their court dates.
However, both Bail bondsmen and law enforcement are still expected to act according to the proper manner that respects life, liberty, and property.
3. Bail bond fees is fully refunded if defendant is proven innocent
When the court date of the defendant arrives and was found not guilty, the bail paid will be returned by the court to whoever posted the bail. In this case, the money will be returned to the bail bondsman if they are the one who posted it. However, even if the defendant is not guilty, the bail bondsman would still need to be paid with the agreed fee which is usually 10% to 15% of the total bail amount.
Since bail bonds can be secured in the form of collateral, it is important to know that it may take longer for the deeds to be returned. But the most crucial thing is that the defendant should never miss a court appearance since the court has the right to forfeit the bond money.
4. The defendant does not need to appear in court once bail has been paid
The process of bail starts when the judge sets the amount the defendant can pay to honor their temporary release from jail. But that does not mean that they can do whatever they want. Crimes against the law should not be taken lightly no matter how minor they are.
The purpose of the bail is to only grant temporary freedom for people who have bailable crimes. If the defendant decides not to show up in court, they are automatically issued with a warrant for arrest and any bail paid will be forfeited.
5. Bail Bonds Agencies are Mafia groups
Some people are afraid to contact a bail bonds agency because they heard from their neighbors and friends that they are part of a mafia group or syndicate looking to defraud people for them to be able to charge innocent people an exorbitant amount of money. We know you are searching for bail bonds near my location right now and we bet you are now imagining tall, bulky men in black suits barging in your house threatening you to pay what you owe them.
Truth to the matter, bail bond agencies are subject to federal and state regulations. Thus, they are 100% legal. And take note, bail bondsmen need to go through proper education and training and must have the license to be able to offer bonds. We should eliminate the thought that the bail bond industry is unregulated and dangerous.
Contrary to popular opinion, bail bondsmen are compassionate towards their clients and are willing to extend all the help they can give to ease the process of bail. As you may not know, the bail bonds industry helps the economy by keeping more people out of jail to avoid overcrowding.
The good people at Lucky Luceros Bail Bond Agency are easy to deal with and have years of expertise to make sure that you are comfortable sitting in your home while waiting for your trial. And frankly, we are the only people in Black suits you can trust. Don’t hesitate and call us now!