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The Most Commonly Accepted Forms of Collateral for Bail Bonds

A wad of cash, books, and gavel as collateral for a bail bond

Life changes in an instant. And before you know it, you can find yourself having to post bail or help a loved one post bail. Depending on the charges, the amount will vary, but it can often catch people by surprise. There are different ways that someone can post bail, and often collateral can be accepted in lieu of cash funds. Bail is a kind of collateral that guarantees a defendant or accused party will return for their court date and not disappear. Bail amounts are sent by judges and depend on the type and gravity of the crime. However, if you own valuable property, this can also be used to help you make bail in the absence of cash or immediate funds. 

As we have discussed in previous posts, bail is a type of promise that you make to the court that you will return for your court date and court hearings. This promise is important because while people await their trial, they still need to continue working, paying bills, providing for their families, caring for family members, etc. This is why bail can be important to keeping your life as normal as possible until you see your day in court. 

What is Bail Collateral? 

Bail collateral is offered in place of or in addition to bail money. This means that a person that is arrested can put up their property or valuable belongings in place of a cash payment. Collateral can take many forms, depending on the amount and the kind of assets you have. This is also useful because people often have to post bail at a moment’s notice. It’s not always easy to come up with a certain amount of cash. 

What Kinds of Items Can Be Used as Collateral? 

Most people have some form of transportation. Your vehicle is one form of acceptable collateral for bail. It is understandable, however, that you might need your car to get to work. So you may keep your vehicle during your trial, although you will have to give away your car title. If they miss a hearing or court date, then the vehicle will be seized. 

There are a few guidelines in using your vehicle as collateral for bail:

  • If you are still making payments on the car, it’s not possible to use it as collateral. You must own the car.
  • The vehicle must be in good shape. It must be in good working condition. 
  • The vehicle must have updated insurance and registration.
  • You must have the title.
  • The vehicle must also be equal to or greater than the amount of the bond.
  • The vehicle must be registered locally and/or in the state in which you are facing charges.

Real Estate 

Perhaps one of the most common forms of collateral used for bail comes in the form of personal property. One of the advantages of using personal property as collateral is that the value of the property can be assessed quickly and will usually cover larger bail amounts. At the same time, a property cannot be lost or concealed. This is why it is a common and useful type of collateral. Types of properties that can be used as collateral include:

  • Family homes
  • Vacation homes
  • Investment properties 
  • Farmland
  • Acreage 

You also need several documents in order to successfully use your property as bail. These include:

  • A grant deed or deed of trust
  • Mortgage statements (for equity security) 
  • Any refinancing documents 
  • Typically an appraisal will be done
  • Confirmation of your ownership of the property (title search) 

Investments & Savings

Other forms of collateral can be taken in the form of business shares or stocks. If you have assets in the form of any one of these, they can often be used to secure your bail if the value of the stocks and/or shares equals or is greater than the bail amount. The accounts are easily liquidated, and so it makes it an acceptable form of collateral. 

Jewelry 

A less commonly used form of collateral is in the form of jewelry or precious metals. Similar to the others, the value must be equal to or greater than the bail amount. When using jewelry, it must be professionally appraised to determine its value. This is a way to officially determine its current value, as the value of jewels and precious metals are often changing. 

Firearms

Perhaps less commonly used are certain types of firearms, including long guns and handguns. As all collateral, it must be proven that the value of the guns is equal to or beyond the value of the bond. 

Find a Trusted Bondsman In Your Area 

Facing jail time is no joke. It is scary and comes with many complications because life cannot stop. This is why we help people in the El Paso area post bail and return to their normal lives until they face the justice system. Find out how Freedom Bail Bonds can help you or a loved one facing arrest and an upcoming bail hearing. 

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How Judges Set Bail Amounts and the Changing Landscape of Cash Bail

Female judge with documents on table in office, closeup

If you or your loved ones have ever found themselves in a bit of a pickle— i.e facing arrest— you have likely wondered what the foreseeable future looks like for you. Will you have to wait in jail until your court date? Will you lose your job? Will your marriage fall apart? How will your kids be taken care of? All of these are real and legitimate questions faced by people who find themselves under arrest and unable to make bail. It leads to a lot of uncertainty and the rippling consequences have often torn families apart or ruined people’s lives. 

Freedom Bail Bonds assists people in similar situations and helps them fulfill their constitutional right to secure their release until they get their day in court. Embroiled within the many conversations of cash bail is the less-often-discussed way that bail amounts are actually set. There are predetermined amounts based on the crime, but judges also look at several factors and then come up with the final amount. Let’s take a look at that process and other changing aspects of the bail system. 

The Role of the Bail Bondsman in Texas

Let’s quickly review the role of the bail bondsman in Texas. After someone is accused of a crime, they should go through a bail hearing. At this point, the judge will set a bail amount based on certain factors. Generally speaking, the bail is set based on the crime itself, circumstances surrounding the crime, and criminal history. 

The Process of Bail Amounts More Closely 

After a defendant is arrested, they must appear at a bail hearing or arraignment. This is where they will come before the judge and their bail amount will be set. Judges set bail based on what is called the bail schedule. The amount can be lowered or raised, however, based on special circumstances surrounding the specific case. The bail schedule refers to the list that will set the amount based on a predetermined list of crimes.

The amount is based on the nature of the crime but the judge does have some discretion in regards to lowering the amount. These bail schedules can change from county to county and from state to state. Part of the judge’s duty is to set bail charges for bailable felony offenses, misdemeanors, and other infractions. For minor misdemeanors, for example, bail might usually be around $500. A judge can choose to raise this amount based on the specifics of the particular case. 

Factors that Determine the Cost of Bail 

So what leads a judge to determine whether you pay the price on the schedule? You might end up with a bail of 100,000 dollars. Does this mean that your crime was something like murder? Not necessarily. It could simply mean that the judge deemed this necessary based on the crime at hand. So here’s what might affect your bail amount:

  • The amount of evidence. The amount of evidence first presented will have an impact on the judge’s view of the case and of how they set bail. 
  • Criminal History. If the accused is known to have a well-documented criminal history, the judge might decide to hike up the bail amount. The reasoning behind this is that with harsher crimes and longer criminal records, it is in the judge’s interest to watch out for the community and be very careful as to who he is re
  • The Risk to the Town and City. As mentioned above, if the judge will consider public safety as a major factor. If the defendant is facing a violent crime, domestic abuse, murder, or something to that effect, the judge may foresee that this may be a danger to the surrounding community and therefore raise the bail amount. 
  • The possibility of flight risk. The whole idea behind bail is to allow people to await their day in court without waiting behind bars. If a person is a flight risk or if there are any indicators that they might be, the judge might also raise the bail. If the judge suspects—based on evidence or a history of skipping bail—it might be reason enough to alter the bail amount. 
  • The seriousness of the offense. One of the most common ways that bail is set is simply through the seriousness or the level of the offense. The more serious the crime, the larger that bail amount will be. 

Once the bail is set, bail will be posted on their behalf. Defendants can either post bail personally, through someone else, or have a bail bondsman contribute the cash. In the last couple of years, lawmakers have been trying to make changes to the bail system, which has opened up the conversation about how bail is set and whether the current system should stay.  Some cities in the state of Texas are playing with the possibility of moving away from cash-based bail to pretrial jail release decisions that might allow low-risk level defendants to be released with no-cost bonds. 

Do you know someone that has been arrested in El Paso? Have questions about the bail process and what their options are? Give Freedom Bail Bonds a call. 

 

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What Crime Dramas Tell About Bail: When Myth and Reality Clash

Neon Bail Bonds Service sign on a brick wall

Films depict anything from war to space exploration, to intergalactic conflicts involving intelligent lifeforms, Jedis, and spaceships, or even deep exploration of dreams and the human mind, time travel, and drama in the courtroom and prison system. How many great films have dealt with prison breaks and escapes from the law?! In reality, however, the day-to-day of the courtroom and the justice system might not be as enthralling or dramatic as depicted on the big screen. This goes for instances where films deal with setting bail. 

For many years, Freedom Bail Bonds has helped people who find themselves in a tight spot regain their freedom until they see their day in court. Our goal is simple: to facilitate someone’s release until their legal situation can be determined. Whether the verdict is guilty or not guilty is far beyond our jurisdiction. And yet, the setting of bail is often dramatized in interesting ways and has skewed people’s perception of bail amounts and how bail is set. It’s important to note that bail amounts are set by the courts, usually in predetermined amounts based on the crime. 

Let’s take a look at some famous television shows and movies that frequently deal with the bail business. 

Law and Order

With their famous opening theme, unmistakable to anyone that has ever flipped through the channel in the middle of the night, Law and Order frequently deals with bail and bail setting. For the most part, they do an okay job at not over sensationalizing it, as their goal in the show is to represent the work of law enforcement and the judicial system somewhat accurately. In a 1999 episode titled “Hunters,” two meddling bounty hunters working for a local bail bondsman get in the way of a murder investigation. Their carelessness and curiosity end up causing the deaths of two more victims. 

Bounty hunters never interfere with investigations or take part in any law enforcement other than enforcing the terms of the bail. Although it’s quite easy to vilify and depict the bounty hunter as a blood-thirsty detective, their job is pretty straightforward. 

A Time To Kill

Ah, nothing like a 90s-directed John Grisham story to get those criminal juices flowing. Grisham is very good at selling what might seem like overly-dramatic stories that tug at the emotional heartstrings. In the film, a young African American girl gets brutally attacked and raped by two white supremacists. It’s hard to forget the scene where Samuel L. Jackson rage-filled and blood boiling bursts into the court hallway where the two accused men are being led out from their bail hearing and shoot them to death with an M16 rifle. In the film, the judge also denies bail to Carl Lee Hailey, the father of the little girl.

How to Get Away With Murder

In this crime drama series, a criminal defense attorney herself is accused of murder. During the dramatic bail hearing, the defense attorney attempts to convince the judge that there was considerable evidence that other suspects were the real murders. This doesn’t normally happen in a bail hearing and also the judge denies bail here as well. 

Common Myths of Bail and Bail Hearings 

One myth is that bail is frequently denied to people. In real life, a judge can deny bail because of a few circumstances. If the judge has considerable evidence and reason to believe that the accused is a flight risk or is a threat to the public. Other circumstances in which bail might be denied include high profile major crimes or repeat offenses. 

Portraying the bail hearing as a dramatic and tense-filled moment is a favorite in tv shows and crime dramas. The truth is that most bail hearings are pretty straightforward and without much fanfare. The judge doesn’t have complete discretion over the bail amount. The amount of bail is often predetermined by law and corresponds to the kind of crime that the person is accused of committing.

The bail might be based on several other factors including the crime itself, criminal history, the age of the defendant. Most bail amounts in films and movies are often depicted in the millions. Unless it is a mega high profile case or murder case, the amount will likely be in the thousands or hundreds of thousands. To give just an example, the bail amount for something like assault in states like New Mexico and Texas can range from $2,000 to $5,000 and felony bail for theft can range from $5,000 to $20,000. 

Find a Trusted Bail Bondsman For Your Case

Here at Freedom Bail Bonds, we assist people who are struggling to meet bail amounts. If you or a family member has been arrested and is facing charges, this is a stressful time. Don’t let the movies fool you into what can be done. We can help you get your loved one out until their day in court. Call us today. 

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How The U.S Bail Bond System May Change In The Future

A gavel, money, and handcuffs all sit on a table

If you read our previous blog, you’ll know that the current U.S bail bonds system is hundreds of years in the making. Ever since the 1400s (and perhaps long before that), bail bonds have been used to guarantee freedom for an individual based on the cash that they have. While we love the work that we’ve done for our community and our clients, we admit that the system is inherently flawed. Many people seem to agree, and change seems to be in the air for the bail bonds system. Here’s how the system may change in the future. 

Algorithm-based Risk Assessment

If the name sounds a bit crazy, we don’t blame you. When you hear the word algorithm, you probably associate it with a computer program or social media. But now algorithms can be used in the justice system, too. In California, the cash bail bonds system is being overhauled in favor of this new assessment, which uses various factors in your case to determine if you are likely to show up for court. This sounds good initially until you learn that judges have total discretion, so the biases against minority groups are made even worse in this system. A judge can simply claim that someone is a risk, and can hold them indefinitely. While the intent of this change is good, the implementation is very poor.

Non-Profit Support

Some non-profit groups are simply agreeing to pay bail for clients, and will work with them to make sure they go to court. This includes calling and texting clients for reminders, as well as providing transportation for those who can’t make their court date. Often, people plead guilty regardless of their actual guilt because they cannot afford bail. These non-profit organizations give individuals a chance to fight for their case, but it remains to be seen how this will expand to a national level. They have seen tremendous success though, with only 4% of people missing their court date in these types of programs. 

Best Bail Bonds in El Paso

We understand how the system can feel as though it is stacked against you. If you or a loved one is in need of assistance, Freedom Bail Bonds is there to help. Contact us today so we can get you out! 

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A Quick History Of The U.S Bond System

Vintage shackles rest on an old wooden table

For some countries, the U.S system of bail bonds may seem pretty odd. But you may be surprised to know that the system we know today got its start over a millennium ago. 

Crime in England

The practice of posting money in exchange for temporary release started in England around 1066 A.D, providing a way for people to not sit in jail while they awaited trial. Unfortunately, this practice meant that the rich had a significant advantage, since middle class and poor individuals didn’t have the capital to secure their release. Out of this need came bail bondsmen, who agreed to accept a percentage of bail and post the remainder in the charged party’s stead. Since then, bail bonds have been a way to even out the abilities of the rich and the poor/middle class to obtain temporary release. 

Bail Bonds in the U.S

Bail bonds in the U.S were a fixture of life as soon as the first English settlers arrived on the mainland. Since then, several laws were passed on the state and federal level to ensure that the disparity between different economic groups was further minimized. The world of bail bonds has undergone a number of changes, and will likely continue to change drastically in the coming years. 

Get the Help You Deserve

An arrest can turn you or a loved one’s life upside-down. If you’re in need of a bail bond, call Freedom Bail Bonds today. We understand bail bonds and can get you out quickly and back to your life.