Types of Bail Bonds
In any criminal case the most important thing is to get out of jail so you can be with your family and help your attorneys defend your case. I have discussed in other blogs how to obtain a bond (see bond hearings/jail releases). Once the bond amount is set there are a number of different factors that determine how a person actually gets released. Those factors include whether it is a Federal or State court bond, and the specific conditions of the bond. There are different types of State and Federal court bonds.
If you are charged with a Federal crime and obtain bond, your bond will be one of the following. Most Federal court bonds are personal surety bonds. This type of bond requires no cash to be paid and no collateral to be put up. It is the most common form of Federal bond. You or your family member pledges a home or cash by signing bond papers with the court. When the paper work is complete the US Marshals Service will release you. If you are charged with a more serious crime, the prosecutor and court may require you to post a corporate surety bond. This requires that you hire a bondsman to post the bond for you. You will pay the bondsman a 15% premium which you will not get back, and you must sign over to the bondsman enough collateral to satisfy the bond amount should you not appear. You may be required to post a cash bond. This does not require a bondsman and if you honor your bond conditions you get all of your money back. The court sets an amount and you deposit 10% in cash with the court clerk to get released.
If you are charged with a State crime, the type of bond you post is less complicated. If you get a standard bond (that is an automatic bond that can be posted immediately after your arrest), you pay the bond amount at the jail and you get released. Or you can use a bondsman who will post the bond for you. You pay the bondsman a 10% premium which is non-refundable and you must give the bondsman enough collateral to satisfy the bond. If you don’t get the standard bond your lawyer will have to do a bond hearing to get you a bond. The court could impose a standard bond, or the bond could include a requirement of electronic monitoring, house arrest or even a requirement that the court examine the source or the bond premium and your collateral.
If you need more explanation on the various types of bonds, retain a criminal defense attorney as soon as you can. They will be able to guide you through the various types of bonds to get you or your loved one released from jail and in some cases is able to save you money, by trying to get you a bond that does not require a premium be paid to a bondsman.
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Yale Galanter, a Miami criminal defense lawyer, has over 30 years of experience providing discreet and aggressive legal counseling to both public figures and clients looking for precise and excellent legal defense. Yale Galanter is known for his personal representation and attention to your criminal matter.
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