When charged with an offense the law requires that you be assumed innocent until proven otherwise. In most cases, instead of spending time in custody pending your trial, the judge will allow you to be released. Being released before your hearing is however on condition that you can guarantee your presence in court on the day of the hearing and this is the main reason why a judge will order a bail bond.
The various types of bail bonds include signature bonds, property bonds, cash bails, and other forms as stipulated by the law. The judge sets the bail bonds during a bail hearing session where the defendants and other relevant parties present information pertinent to the bail hearing. Some bonds such as the security bonds and property bonds require that the judge reviews the defendant’s financial situation prior to setting of bail. Other persons referred to as Sureties can offer to assist the defendant to post bail in which case the judge will have to assess their financial resources.
The presence of the surety during the bail hearing is necessary since the judge has to explain to him or her and the defendant about their various roles. In the event that the defendant has dishonored any one of the bail terms, this can result to bail being forfeited by the court. For this reason, a surety ought to be confident that the defendant will obey the court’s directives.
The bond that the judge may set for you can be a property bond, a cash bail, a signature bond, or a corporate bond. If yours is a cash bail you ought to pay money whether in the form money orders, certified cheques, or cashier’s checks. The money is refundable once the conditions of the bail have been met and it is thus necessary to keep the payment receipt. Additionally, it is important for the one posting the cash bail to fill out all the necessary tax forms.
For signature bonds the defendant signs some forms with the clerk of the court after which they are to be released. In this case, it is important for the defendant to be keen on the terms of the release to ensure that the bail is not revoked.
On the other hand, corporate surety bonds involve paying a non-refundable fee as a percentage of the bail as a form of collateral. Property bonds are also issued as collateral. The judge requires an appraisal of value of the property, a prove of ownership before and any other relevant details pertaining to the property before issuing a property bond.
Following the observation of the bail conditions, you ought to consult your lawyer to understand how to get your bail returned.