Bond is collateral to secure that you keep your end of a promise. The court says they will let you out of custody while you wait on your case to resolve if you promise to show up to your court dates. The only catch is that the court usually doesn’t just take you at your word. Instead, they require you post some collateral to ensure that you keep your end of the promise. So, they require money or property that will be held until you fulfill your promise. If you are trying to post bond and need assistance, a defense attorney can help. Do not hesitate to let a Newnan bond lawyer assist you in this unsure time.
The main purpose of bond is to preserve the presumption of innocence. If you were made to sit in jail indefinitely until your case was resolved, prosecutors could effectively punish you before you were ever convicted of anything at all.
This is not a new idea. Our founders believed that bond was important. Federal law first guaranteed bonds to be given to those accused of non-capital crime back in 1789 with the passage of the Judiciary Act of 1789.
There are four types of bond. They include the following:
If you were not given a signature bond and cannot afford to post a cash or property bond, and many people cannot, you may choose to use a bonding company to post your bond. A bonding company will charge you a fee of approximately 10% to 15% of your bond amount. The bonding company is then responsible for the remainder of your bond amount. The fee you pay to the bonding company will NOT be returned to you once your case is over. If you fail to appear in court as directed, your bonding company may seek reimbursement for the remainder of the bond amount from you.
You may post the full amount of the bond in cash at the jail. Once the case has been completed, as long as you have appeared in court as directed, your money will be returned to you. To assist in getting your money returned, you may provide a certified copy of the final disposition to the jail office where you posted the bond.
In lieu of cash, you may put up your property for your bond. To do so, you will need to contact the sheriff of the county in which the property lies for the required paperwork and approval. Generally, the sheriff will require that the equity in the property must be two to three times the amount of the bond. During the pendency of your case, your property will have a lien on it from the sheriff. Once your case has been completed, as long as you have appeared in court as directed, your property will be released free and clear. It is a good idea to prepare your mortgage statement and make sure that everyone on the deed is prepared to sign off on the bond.
The court setting your bond may allow you to be released without requiring you to pay any money or put up any property for bond to ensure your future appearance in court. In determining whether to grant a signature bond, the court may consider factors including, but not limited to, whether or not you have any prior criminal history, the nature of your charges, and your place of residence and connection to the county in which you were arrested. Additionally, if a signature bond is granted, you may be required to report to a county-run pretrial release program, which will monitor you while on bond to ensure that you appear as required and/or are complying with all conditions of bond.
There are a few possibilities. You can get a bond at your first appearance hearing which must happen within 72 hours of your arrest. Judges also have the option of setting a schedule of bails that are standard bond amounts for certain offenses. That is the quickest way to get a bond.
Another possibility to receive a bond is at a preliminary hearing. they are also known as probable cause hearings or committal hearings. At these hearings, a magistrate court judge may grant you bond as well. Additionally, if you were given a bond at the first appearance, but it was too high for you to make the judge may reduce your bond.
It is possible that your attorney will have to file a motion for bond and there may have to be a hearing in Newnan to get it. At that hearing, there are factors that the court must consider when it is determining whether or not to set you bond. They are:
If the judge decides to set a bond for you at the hearing, he or she must then decide what the bond should be set at. There are factors the judge must consider in that process as well. The judge will consider the following:
The judge can deny your bond. However, if you are charged within 90 days, you are entitled to a bond. It is imperative to have a dedicated attorney in Newnan on your side during this process to understand what your rights are in relation to your bond.
If your loved one is in jail without a bond or with a bond that is too high for them to make then don’t hesitate to contact us and schedule a consultation with Ryan today. a Newnan bond lawyer is standing by.
J. Ryan Brown Law, LLC