Overview of the Bail System: How it Works and How It Can Help You

Lawyer going over contract to discuss the conditions of bail in defense of the arrested client.

The industry has seen its fair share of criticism lately. In fact, the bail system is seeing reform all over the country. We’ve written about some of these reforms in past blogs. At the same time, many people misunderstand the bail system and why it’s there and who it actually serves to protect. The fact is that many times people find themselves in trouble with the law and turn around to find their lives suddenly coming to a halt. The bail system is there to protect people from finding their lives devastated while waiting for their charges or cases to be resolved. It also acts as a kind of insurance for people to go to court. 

Let’s Cover Some Basic Ground

When a person gets arrested and/or charged for a crime or possible crime, they might be taken to jail. Before they can be committed or acquitted, however, they must go through the court system and their case must be heard in a court of law. This takes time. So in order to ensure that everybody gets the right guaranteed by the sixth amendment, they are guaranteed trial. So a person can either stay in jail until their trial comes up, or they can be released on the condition that they will return to court for the assigned court date. Remaining in jail for a couple of months is not only a nuisance to most people, but it is also a completely life-altering event. That is because it means a person will likely lose their job, might be unable to pay bills, take care of family, look out for their kids, loved ones, pets, etc. For the average person, this is simply unthinkable to simply be ripped out of your everyday life and expect things not to fall apart. The issue at hand is that if the justice system deems the person innocent, they have already lost months of their lives, their livelihood, and many times their reputation and loved ones. As a bail bondsman, we help people that cannot afford bail on their own. 

Helping The Defendant and the Court System

Our job is somewhere in the middle. If people were to sum up our jobs, we are a kind of insurance. We are a loan. And we make sure that people show up to court. When there is a bail that is of high amounts, most people cannot afford that. So we front the money for the agreement that they will show up to court when need be. If they do not, we help find the defendant and ensure that they show up to court. 

The court itself makes its assessments about who is a flight risk or not. That is really up to the judge. We are not connected to the courts in any way, per se, but we are a third party that helps defendants keep their lives together as they await their court date and also puts pressure on them to return to court when they need to show up. 

The Judge’s Considerations for Bail

The bail bondsman does not set the bail amount. It is the judge that sets this amount and decides what the defendant needs to pay depending on certain factors. These include:

  • Whether the defendant is a flight risk
  • Whether they are a possible danger to the public. 
  • The judge will consider the evidence and charges. 

Interesting Facts about Bail That You May Not Know

Even though bail bondsmen are often portrayed as the bad guy, we are really only a kind of middleman that takes responsibility for a defendant to show up to their court hearings. In this sense, we will help the justice system move along. Here are a couple of interesting facts to note about what we do here:

  • The state regulates Bond fees. The fees that come with the bonds are regulated and imposed by the state. 
  • A bail bond is a type of loan. We provide a type of loan to people that cannot afford the bail amount that the judge requires. Otherwise, defendants may have to remain in prison until their court hearing. 
  • Showing up is not always the end. Some defendants may have more special restrictions set for their bail. These may include signing up for a drug rehab program, remaining within state lines, etc. This all in addition to showing up for court. 
  • Bail bonds often accept collateral. And that collateral can come in different shapes and sizes. For people that can’t afford to take out a bail bond, there are options available in terms of collateral. This might include a vehicle, jewelry, etc. This helps secure your loan and allows you to pay your bail in order to get out of jail.

Go to a Trusted Bail Bondsman in El Paso

Freedom Bail Bonds has been providing people with bail for many years now. If you’re loved one has been arrested and is facing a bail amount, give us a call today and see how we can help you. Don’t let your life come apart before you see your day in court. 

Tips On Dealing With An Arrest

Life is complicated. Situations get out of control. Emotions often cloud judgment. These are all realities that all adults content with at some point or another. A lot of times, it is complex situations that involve a heightened emotional and stress that lead people to do less-than-rational things that might end up in an arrest. Sometimes, it may be simply being in the wrong place at the wrong time, as has occurred to some that have found themselves facing false accusations or unjust charges. Whatever the case may be, an arrest is never clear cut and will often be quite complicated, so here are a few tips to keep in mind in case you ever find yourself in that situation. 

 

  1. Stay Calm. If you find yourself facing arrest, it’s best to stay calm, even when you feel or know that there are unjust or confusing circumstances. Law enforcement will be watching your behavior and erratic or defiant behavior can certainly count against you in a court of law. Maintain your composure and be polite and firm. 
  2. Be polite. This goes hand-in-hand with the one above. Even if you feel the arrest or detention is unjust, you want to be polite and respectful to all law enforcement and comply with their requests and allow them to do their job. It is only their job to apprehend you, they do not determine your guilt or innocence per se, so the speech you have prepared will not work. Whatever you need to communicate to the officers, ensure that it is in a clear and polite manner. 
  3. Do not resist. Regardless of circumstances, resisting arrest or running away from police will not only look bad in court but can actually get you into more trouble, including dangerous situations. 
  4. Don’t say anything that you don’t have to. If you’re being taken into custody, the police are likely not interested in having a conversation with you. They have a job to do and their job is to take you in. Proving your innocence or making your case comes later. So if you don’t have to say anything to police, it’s best to save it until you have a lawyer present. 
  5. Ask for a lawyer. It is important to let the police know that you would like to call a lawyer. Asking for an attorney will deter the police from interrogating you until that request is met. 
  6. Consider bail. Depending on the circumstances and the nature of the accusations, the case, and your criminal background, a judge may decide that you are able to post bail. You may need to find a bail bonds place to help you come up with the cash. It’s important to post bail in order to avoid spending unnecessary time in jail and jeopardizing your job, careers, relationships, etc. 

 

Stay Calm and Call Someone You Trust 

Freedom Bail Bonds is there to help you get out of jail and await your trail. It is not necessary to spend time in jail and have your whole life turned upside down when you have not even been convicted of a crime. A month or two in a detention facility can really change a lot of circumstances in people’s lives.