Bail Bond Laws
There are two types of bail bond laws: federal laws and state laws. Federal laws apply to all persons arrested for federal crimes; those occurring between state lines and others falling under federal jurisdiction. States also possess their own bail bonds laws governing the nature of bail bonds in the state criminal justice system.
When a person is arrested for a crime and booked into a jail, they will go before a judge who will decide the terms and conditions of that person's bail order. Under certain circumstances, such as a Person's threat to society if released before trial, bail will be denied and a person will remain in custody until their case is judged. In other cases, an alleged offender will remain in jail until certain terms are met.
A person is released from jail after being booked when a bond order is granted by a judge. An appearance bond order is signed by the defendant and/or co-signer to guarantee that the defendant will appear in all subsequent court proceedings. A performance bond binds a defendant to certain terms of release. A bond involves money or collateral promised to the court in the event that a person doesn't fulfill the terms of the bond agreement. Under bail bond laws, the courts generally set a bail schedule which delineates the amount of bail based on the nature of the alleged crime.
The eighth amendment of the US Constitution contains bail bond laws which state that bail is not allowed to be excessive for the crime in question and cannot be used to raise money for the government or punish a person who allegedly committed a crime. Other federal bail bond laws require that a bail hearing (the arraignment) is to take place no more than 48 hours after the defendant is brought to jail.
There are four types of bail bonds recognized under bail bond laws. In some cases a defendant can be released "on his own recognizance." The defendant agrees to all terms of release and is free to go without collateral offered. Under bail bonds laws, if these defendants break any of the terms of their release, they are subject to being re-booked without bail and charged with contempt of court.
Cash, property, and surety bonds are ordered in most bail bond cases. Cash bonds are the full amount of the set bail given to the court to ensure compliance with future proceedings. Property bonds offer the title to a defendant's own property, which will be forfeited in the event of non-compliance. A surety bond is facilitated through a professional bail bonds person who posts a defendant's bail for a certain premium in exchange for guaranteeing the defendant will show up to court. Bail bonds are returned once the obligations have been fulfilled and a judgment in the case has been reached.
Under bail bond laws, the premiums paid to bail bonds people (ranging from 10-20 percent of total bail amount) are not refundable. Bail bond laws also state that a person forfeits all bond money if s/he fails to abide by any and all terms of the bond order. Each state also has specific bail bond laws which govern the specific requirements and terms of bail bond orders.
