How Bail Works
Understand What Bail Is and What It Means for Your Case
The doctrine is, when bail is given, the defendant is regarded as delivered to the custody of the Bonding Agency. Their dominion is a continuance of the original. It is the retention of control over the defendant to the end that justice might be administered.
This means that being out on bail is actually an extension of jail. You are granted personal freedom until the case is settled instead of remaining incarcerated. But you are still under the control of the County, State, and Bail Bond.
When a person is arrested, in most cases, a bail is set. This amount is to be determined by the court. There are several factors for the determination of bail. These are:
• Length of Time in the Community
• Prior Arrest History
• Community Ties Such As Job, Family, etc.
Bail is not to be punitive, but rather to balance the seriousness of the crime with a financial amount that would be sufficient enough to ensure the defendant's appearance in court.
Everyone is entitled to bail, except in cases of capital crimes.
Once a bail has been set by the judge.
For example, let’s say a defendant’s bond is $1,000. All bail bonds fees are regulated by the State. The fees are 10% of the bond unless the bail amount is under the $1,000. Then there is a flat $100 fee.
When a bail bond company posts bail, we put up the $1,000 in certified funds to the County. The defendant and/ or family pays 10% for that service and then a third party must indemnify the bail bond company for the $1,000 if the defendant does not appear in court as required. Then, the Indemnitor must reimburse the bail bond company for the full $1,000.
US Supreme Court: Taylor vs. Taintor 16 wall 36. States that: The sureties… whenever they choose to do so may seize him and deliver him up in their discharge, and of this cannot be done at once, they may imprison him until it can be done. They may pursue him into another state, arrest him on the Sabbath, and if necessary, breach and enter his house for that purpose.
The bail bonds company is not required to have a warrant on order of the court. The right of bail to seize the principal arises from the nature of the undertaking and does not depend on due process. The rule is said to rest upon the reason that the seizure is likened to the re-arrest by the sheriff of an escaped prisoner.
