What to do if You’ve Been Arrested And Can’t Afford Bail
by Abdul Aziz Mondal Legal Published on: 12 August 2024 Last Updated on: 05 September 2024
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There’s an old saying that bail hurts poor defendants more than anyone else since they can’t afford to pay it.
This is why some states like New York have mostly abolished bail for some non-violent crimes so long as the authorities monitor the perpetrators until their trial date with an ankle bracelet. Moreover, the authorities put them under house arrest.
However, the inability to pay bail hits hard with nonindigenous populations living in urban areas of Florida, Illinois, New York, California, and other metropolitan areas. There English is not always the dominant language.
Getting the help of a bail bondsman can be one of the most effective approaches to getting out of trouble.
If you have been in such a situation before or are jostling hard in crime issues, this article can help you out.
This article discusses the things that you need to do when arrested and where you can not afford bail, with a prime focus on bail bondsmen.
Defining Bail
At base, bail is the amount of money that a criminal defendant is ordered to pay to assure the court they will return for their trial date.
If the defendant fails to appear in court, they will likely be hunted down and imprisoned.
However, some defendants often find themselves lingering in jail awaiting their turn at trial simply because they, plus members of their family and friends, have enough trouble paying basic bills, much less paying bail. However, defendants can consider hiring a band bondsman to satisfy their bail requirements.
How Bail is Established
A judge is in charge of setting bail. Several factors go into his or her calculation, the primary one being the overall seriousness of the crime.
Of secondary concern, but no less important, is if the defendant is considered a flight risk.
This is based on whether the defendant has ties to the community, such as family and a steady job. The defendant’s past criminal record is also taken into account when determining how the bail amount is established.
Bail Bondsman: How Expensive Is It?
In fact, paying for a bail bondsman is not as expensive as you might think. Fianzas, a Florida bilingual speaking bail bondsman, asks this important question: Cuanto cuesta una fianza?
Or, how much does a bail bond cost? Should the bail bond be less than $1,000, you only pay a flat fee of $100.
However, the only possible add-on charge to the premium is a $100 transfer fee if the bond you’re seeking operates outside of the county of primary operation.
That said, what are some other options for meeting your bail if you can’t afford it? What is bail in the first place, and what is its purpose?
According to a recent report by HG.Org, any given bail is often calculated by the courts at an amount that makes it hard for people to pay.
At present, more than two-thirds of the defendants who are currently behind bars are not people who have been directly convicted of a crime. They are, instead, people waiting for their trial.
What this results in is innocent people who are incarcerated for months or, in some cases, years simply because they can’t pay bail. The role of the bail bondsman becomes key in such a scenario.
How Does A Bail Bondsman Facilitate the Bail Process?
Bail bondsmen’s primary role is to facilitate the bail process. Yes, they are the individual who provides a financial guarantee to the court that allows the defendants to be set free from the clutches (custody) and side-by-side awaiting trials.
These are some steps that the Bail Bondsman follows to get bail on behalf of their customers.
Evaluation of the Defendant’s Case
The Bail bondsmen make a thorough assessment of the risks associated with the entire bail extraction. Their activities are based on the criminal history of the defendant and the likelihood of the court appearance.
Agreement And Collateral
These professionals decide to take on the case and enter into an agreement with the defendant.
The terms and conditions outline the required collateral fees and other requirements. This is one of the points that has a link to the overall agreement.
Posting Bail
The bail bondsman posts the bail with the court once the agreement is in place. Yes, this step allows the defendant to be released.
Compliance
The bail bondsman ensures that the defendants stay compliant within the periphery of the law.
For this, they remind the defendants of the upcoming court dates and take the necessary steps to locate defendants who fail to appear at the court.
What to do if You’ve Been Arrested And Can’t Afford Bail
If a defendant cannot possibly pay the proper bail amount, there are several options to consider, which include the following:
Ask For A Lower Bail Amount
Defendants who cannot pay the established bail amount can ask for a lower bail via his or her attorney.
If the individual considers the bail amount excessive and can cause great hardship to the defendant, the court will calculate a lower amount. In the end, lowering the bail amount is entirely up to the judge presiding over the case.
Hire A Bail Bondsman
The primary purpose of a bail bondsman is to assist with filling the financial gap when bail is far too expensive.
In exchange for a certain percentage of the entire bail amount, a bail bondsman will pay the entire amount on behalf of the defendant.
However, the percentage is usually around ten percent. However, by law, the bail bondsman attaches himself/herself to the court case since the firm loses the money put up to satisfy the bond if the defendant fails to show up for court.
Collateral
According to HG.org, defendants retain the right to put up collateral to satisfy their bond.
Qualifying as acceptable collateral are automobiles, real estate, or other valuable properties.
A defendant also reserves the right to liquidate assets to meet the bond if the transaction can occur relatively quickly.
You Must Take Help From Bail Bondsman
In the final analysis, if you find yourself in the unfortunate position of being behind bars pending the satisfaction of the bond, you have more than one option for paying it.
If you don’t speak native English but only Spanish, for example, there are bail bondsmen who can help you negotiate the turbulent and complicated waters of the U.S. court system. Hence, looking at the roles one must take their services.
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