Every individual upon their arrest is entitled to a reasonable bond. It is not fair to expect people to languish in jail waiting for their trial date when they have work and family obligations that must be met.
Bond hearings are generally held within hours of an arrest. During the hearing, the judge will determine if the accused is a flight risk or a danger to the community if they are released. If the answers to those questions are both “no”, the judge will determine the amount required for a bond. If the accused cannot possibly afford the amount of bond that is asked of him or her, a bond hearing is necessary.
Types of Bonds
There are three types of bond from which the judge can choose. The first type is a Release on Recognizance (ROR Bond). This type permits a defendant to be released from custody without posting any money with the court. The court is allowing the defendant to be released on a promise to appear in court when his or her trial date comes up.
The second type of bond is a Surety Bond. A Surety Bond requires the accused to post money with the court in order to be released. This time of bond requires the accused to post the total amount of money asked by the court in order to be released. This can be done in cash or real estate. If the defendant fails to appear for his or her trial, the cash paid is forfeited and, if a home is posted as surety, the court may begin foreclosure proceedings.
An option that exists with the Surety Bond is posting a portion of your total bond with a bondsman. In State cases they take 10% and some Federal cases require 20%. The bondsman requires collateral. This type of bond is similar to a simple surety bond. The difference between the two is that the Surety Bond allows a defendant to post 10% of the cash called for by the surety bond. For example, if a person is given a Surety bond with a 10% cash option, they can pay $2,000 in cash or real estate for a $20,000 bond. If the accused does not show up for their trial date, they still forfeit the money and foreclosure proceedings may begin as well.
Consulting With An Attorney
If you have been given a bond amount that you cannot possibly pay,contact the Clearwater criminal lawyers of Tragos, Sartes & Tragos, PLLC They will fight for a lower bond amount to get you out of jail to await your trial.