A bail bond is the assurance of a criminal defendant to appear in court when required while enjoying his provisional liberty before the conduct of the trials.
The aim of posting a bail bond is to ensure the presence or attendance of the defendant during the upcoming trials. As part of the regular process, the bail bond will be returned after the legal process is concluded.
Depending on the type of the case, the defendant may usually file a bail bond immediately after the arrest. Failure of the defendant to post a bail bond during the period allowed, he will need to wait until the end of the bail hearing to post a bail bond.
Normally, only defendants charged with heinous crimes are denied bail.
Jail release via bail bond is temporary in nature and it being enforced standing guarantee of the bondsman that the defendant will attend future court hearings or proceedings when required by the court.
The requirement for the posting of a bail bond is not considered as a punishment nor a fine. A bondsman usually comes in when the defendant does not have the amount of money to be paid for the bail bond and that he may need to ask for the support of a bondsman. The bail bondsman receives a non-refundable, percentage of the bond, which is usually a percentile amounting to 10 percent of the bail amount.
If the defendant is arrested for Driving Under the Influence (DUI), his priority would be to get out of the custodial arrest. After the arrest, his priority is to obtain his temporary release by posting a bail bond or through a recognizance release.
The court judges having the jurisdiction of the pertinent cases do not determine the bail bond based on their discretion but they utilize the bail schedule but other based on the presence of circumstances such as the
- Defendant’s criminal record
- History of prior DUIs
- Degree of DUI Offense seriousness
- Result of the defendants DUI incident
- Defendant’s employment status
- Imprisonment period
After the filing of a bail bond, the DUI defendant may be granted his recognizance or release. In this instance, the defendant may get hold of his recognizance if he will not be required to post bail. Even if the defendant is released from the custody of the authority, he may still sign the written agreement promising his appearance at the court proceedings and the observance of the prohibition to travel.