The court can release an arrested person pending trial based on providing monetary security to the court, known as bail.
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Since the arrested person has the legal right to stay out of jail until proved guilty, the law provides the opportunity of seeking early release by furnishing bail, an undertaking given to the court by the arrested person about cooperating with the legal process even after release. The bail acts like a guarantee that the accused will not run away if released and follow the conditions attached to the bail. The judge fixes the bail amount together with the conditions by considering various factors like the person’s background, the nature, and seriousness of the crime, whether it is a first-time offense and the kind of threat the person might pose to the community or society if released.
Is bail hearing a must?
The law allows the arrested person to stay out of jail by availing bail. Generally, a judge fixes the bail amount after hearing the case while considering the appeal of the detained person or defendant for release. However, there are exceptions to it in the case of petty crimes when the police have the discretion of releasing the person based on a self-declaration by the accused if deemed fit. For some common crimes, the police might refer to a bail chart with a list of crimes and the accompanying bail amount to save the time of appearing before a judge.
Options for bail
Since bail is monetary security provided to the court, the arrested person must make the payment either in cash or furnish a bail bond with help of professionals associated with Castle Bail Bonds to fulfil bail requirements and walk out from jail. To provide a bail bond, the accused or arrested person must enter into a financial arrangement with a bail bondsman or bail agent working with some bail bond company. The bail bondsman is a licensed professional who has the knowledge and experience about the court processes and the legal proceedings related to furnishing bail. The bail bondsman has access to a massive pool of resources that aid the process of furnishing bail in the shortest time by complying with the legal process while setting the arrested person free in the shortest time. Bail bonds are most convenient and ensure quick release of the detained person.
Bail is a promise and guarantee by the accused
By furnishing the bail bond, the accused promises the court about complying with the bail conditions after release and assures the court of cooperating with the police and the legal authorities by appearing in court when called for a hearing. The role of the bail bondsman is critical because he is the co-signor of the bail bond, which means that the bail agent acts as a guarantor on behalf of the accused and takes full responsibility for ensuring that the accused will appear in court later.
The bail agent, a surety, maintains close surveillance on the clients and monitors their movements after release to ensure that they do not commit any new crime for which the bail agent would be liable to the court.