The Laws and Facts Behind Bail

What is Bail?

The arrangement for bail or bond allows an individual who has been placed under arrest with the opportunity to post bail; commonly known as ‘jail bail’, bail is legal procedure requiring that individual to submit payment to the jurisdictional court in lieu of incarceration prior to trial. The amount of bail payment required will typically depend on a variety of factors, ranging from the nature of the crime to the arrestee’s past criminal records - bail is required as an insurance policy taken out by the jurisdictional court.

Jail Bail

In the event that an individual is arrested on criminal charges, they will undergo the arrest process, which involves the presentation of the initial charges, the apprehension of that individual and the subsequent processing that takes place within the respective law enforcement agency facility. The following types of jails are commonly associated and participatory in the process of posting jail bail:

A Local Jail is defined as penal holding cell or an additional method of confinement in which individuals requiring brief confinement may be held until the completion of processing – local bail bonds may be acquired in order to post bail

County Jail is a type of Jail that provides incarceration for inmates accused of crimes less severe in nature within the expanse of a county within a specific state – county jails may be subject to higher jail bail fees

How Does Bail Work?

Individuals inquiring ‘How Does Bail Work’ should remain cognizant that opportunity to post bail is left to the discretion of the court presiding over that jurisdiction:

In the event that an arrestee is unable to satisfy the required bail payment, they may be eligible to borrow the necessary funds from an institution specializing in the provision of Bail Bonds

In certain cases, a form of collateral will be expected to be exchanged for the Bail Bonds dispersed by that institution; this is in addition to the required initial payment

A Guide to Posting Bail

A Bail Bond is considered to be a surety loan or bond – this is type of a loan offered, which requires the furnishing off supplemental insurance in order to ensure the ultimate satisfaction of the bail bond loan through repayment:

Standard Load vs. Surety Loan

Loans may vary with regard to the parties involved; traditional loans will oftentimes involve two parties - the lender and the borrower. However, Bail Bond loans will typically involve three parties, classified as the principal, the obligee, and the surety:

Bail Bonds are provided as surety loans that can vary in requirements for an initial payment - Bail Bonds percentage rates can range from %5 to 50% depending on the gross amount of the required bail payment. Upon the repayment of bail to the arrestee who has appeared at their hearing, the bail payment is then transferred to the Bail Bonds institution

Bail Bonds Involved Parties

The principal is named as the individual borrower who has requested the Bail Bonds in question. The obligee is named as the institution dispersing funding in the form of Bail Bonds - also considered to be the lender of the loan

The surety is named as a cosigner; typically, the individual or entity named as the surety will account for supplementary insurance in orderto minimize the risk of default with regard to a bail bond loan - in the event that the principal is unable or unwilling to furnish repayment of the Bail Bondsloan borrowed, the responsibility for repayment will belong to the surety

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