Posted on

What You Need to Know About Bail Bonds

A bail bond sign with an arrow in El Paso.

Occasionally, bad decisions can lead to an arrest. If you or a loved one has been placed in jail, you can rest easy knowing that prior to the agreed-upon court date, most incarcerated individuals can return home with the assistance of a bail bond.

If you require bail bond services in El Paso, Freedom Bail is here to help. Contact us online or call (915) 877-9293 to learn more about our services to help free yourself or your loved one today.

What is Bail?

If you’ve watched any crime show drama, it’s likely you’ve heard the word bail following some unimaginable amount of money. But what does it mean? A bail is an agreement between the court and the defendant where the accused agrees to appear at all of their scheduled court dates. 

But where does the money come into play you may ask? When bail is set to, let’s say, $50,000, it means the accused or their family has to pay that amount of money for the defendant to return home. If no one posts bail, they remain in jail until their court date and charges are determined. Most often, people don’t have $50,000 lying around, and that’s where a bail bond comes in.

How Does a Bail Bond Work?

A bail bond works as a loan between the person applying and the bonding company where you pay a percentage of the total amount of the bail. This can range anywhere between 10-15% depending on the company.

Contracts will be filled and list all of the agreements, expectations, costs and collateral to ensure the accused shows up to court. If the defendant does not show up to their court dates, a bonding company can hire a bounty hunter to track down the accused and return them to jail.

Once this is determined, the bonding company will need to know the booking number, charges, and location to bond the accused out.

Since arrests can happen at any time of day or night, at Freedom Bail, we offer 24-hour service 7 days a week to get you or your loved one out of jail as soon as possible. 

How is Bail Determined and Set?

At the bail hearing, which is the first appearance in the court following the arrest, a judge will sift through many factors to determine and set the bail amount. This can include, for example, the severity of the crime, whether violence was used, the accused’s character and history, and more.

What are the Different Types of Bail Bonds?

There are four types of bail bonds:

 

  • Surety Bail: When a bonding company, agent, or bondsman posts bail on the behalf of the accused for a fee.

 

  • Recognizance Bail: The accused signs a written agreement with the court to follow set conditions and appear in court when scheduled.
  • Cash Bail: When bail is paid to the court in cash by the accused or cosigner.
  • Property Bail: When the accused or cosigner uses property (real estate, jewelry, or stocks) that is equal to or greater than the bail amount.

 

 

By showing up, any money or collateral provided will be returned to you or your cosigner. However, failing to abide by agreed-upon conditions or neglecting court dates can result in negative consequences such as the loss of collateral, money, and additional penalties.

Get Bail Bonds in El Paso with Freedom Bail

Whether you or a loved one is facing misdemeanor or felony charges, help is available to you at Freedom Bail. Contact us online or call (915) 877-9293 to hear how we can help you with your El Paso bail bond needs.

Posted on

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. 

Posted on

The Ongoing Debate for Bail and How Bondsmen Support the Accused 

At the time of this writing the United States, and the rest of the world, is embroiled in a pandemic of unprecedented proportions. The ramifications and consequences on society—both economically and socially— are yet to be fully seen. And yet, that doesn’t mean that the entire world has stopped. There are people who find themselves in a kind of limbo because they are awaiting their day in court. The debate around bail has once again surfaced during these times, as many people find themselves in difficult situations. For many people, bail bondsmen are still painted as the bad guys, but here at Freedom Bail Bonds, we have helped hundreds of El Paso residents continue with their lives as they await their day in court. 

The Origins of the Bail Them Out Concept — Aimed to Protect the Individual and Society 

Like many other traditions in the United States, the concept of bail also has its origins in the Anglo Saxon culture of England. When the United States broke from England in 1776, there was a lot that they left behind but there were also some traditions that were kept. The idea of bail was one of these and yet there were many changes to the way the English approached in comparison to the colonists. 

The question of how to ensure that an accused person remains nearby in order to undergo their trial has always plagued people. Early on in English law, the accused was required to find someone to serve as their surety. This surety would agree to pay the amount of the victim fled. Today, a surety bond, for example, is used as an agreement between three parties. If bail is a bit much for the defendant to pay, a bail agency can help you through a surety bond. The idea works in a similar way. The bail agency acts as the surety, guaranteeing that the accused will appear in court. So the difference between a regular cash bond and the surety bond lies in the fact that a surety takes into account this third party. This means that the agreement is between the court, the defendant, and the bail agent. So a typical bond might see the accused paying about 10% of the bail amount and the bondsman the rest, but the surety lies in that the bondsman is then responsible in seeing the accused appear in their court date. 

In medieval England, for example, local Sherriffs would have complete control and discretion to decide on someone’s ability to show up to court. The conditions or requirements with which a defendant could be detained or released before trial was subject to the whims of the local officials and no external data or evidence. Naturally, many local Sheriffs would abuse this power and use it for corrupt purposes. 

In 1275, with the Statute of Westminster, the discretion of sheriffs was eliminated, but they still retained the ability to decide the amount and to weigh relevant factors against the defendant. It wasn’t until the early 17th century that bail underwent its next change in England. It happened when the King imprisoned a couple of knights with no just cause or charges. This brought forth the idea that a man could not be held without trial without specific accusations. This, of course, is an important point, as it would be unthinkable today that someone is arrested and put in jail without any actual charges on the books. The requirement of early articulation of the cause for arrest, it provided a defendant with knowledge of what they were being accused of and whether they would be eligible for bail. 

The Bail System in America — The Ongoing Debate 

In colonial America, there were a lot of remnants of English law early on. Slowly, however, states began to adopt a different way of doing bail and guaranteeing more rights to the defendant. The Constitution of Virginia, for example, was one of the first to state that ‘no excessive bailout to be required.” The discretion for some crimes was left to judges and other crimes, like manslaughter were deemed to be not applicable for bail. 

And so there is an ongoing debate in America today about bail and the current bail system. Bail plays a role in the way that justice is carried out and that trials happen for accused individuals. The important thing to keep in mind is that the system is created in order to ensure that every defendant sees their day in court and that the full extent of the justice system can be enacted. After all, the United States judicial system is predicated on the idea that the individual is innocent until proven guilty. This means that the law in the U.S. put an inherent value in a person’s freedom while trying to safeguard the law. 

So the bail system works to protect the accused and make sure their lives are not interrupted as they wait their day in court. 

Get a Bondsman You Can Trust 

The bottom line is, you have rights.  The justice system guarantees a speedy and fair trial so that you can defend yourself against any charges. Sometimes this requires waiting some time for your day in court. During this time, you want to be able to continue your life as normally as possible. You don’t want to lose your job. You don’t want to leave your family. You don’t want to put your family responsibility to the side. The world continues to turn and getting a reliable bondman to help you post bail is a way to guarantee that you can continue as normally as possible until your day in court. Whether you are in need of a cash bond or a surety bond, Freedom Bail Bonds can help. 

 

Posted on

How Big Tech Companies are Impacting Bail Bonds

 

In 2018, big companies like Google and Facebook decided to weigh in on a topic that has had some political pull for years. It’s not exactly news to see big tech companies revealing political leanings through the implementation of certain policies. They’ve been outspoken before. Criminal justice reform has been a profound topic of conversation among policymakers for many years. It’s a cause heralded by many on the political left and the libertarian right and one that has a lot of merit and complexities imbued.  It’s not a black or white issue, yet it seems the stigmatization of the bail bond industry has been targeted to carry a lot of the weight for a much bigger problem.

Many would argue that the cause of criminal justice reform carries an undeniable racial element that must be addressed. Last year, President Trump himself signed a bipartisan-supported bill on the matter—many aspects of which were controversial— giving judges more discretion on sentencing and encouraging changes to improve the recidivism rate.

However, in their efforts to have some impact on this the tech giants decided to target private companies and curb advertisements on bail bondsman. NBC reported in May of 2018, that the companies decided to block advertisements from bails bondsman on the grounds that it violated their attempt to keep “damaging and hurtful” content off users sites.

For many years, people have misunderstood and often vilified the concept of the industry. When a person is arrested, a judge has the discretion to set bail so that person can be released from jail with a promise that he/she will return to their set court date. Getting released from jail as people await their constitutionally guaranteed trial is important for families to be reunited, for the accused to hire and talk to an attorney freely, to continue working or providing for their loved ones, etc.

Reaction to the Decision

Many in the media commented on the recent decision by Google and Facebook that has much broader implications about the power of these tech companies to impose political leanings via policies and decisions. The decision appears to some as nothing more than moral posturing and an attempt to pose as arbiters of justice in a private market. The issue begs the question about how an advertisement for bail is “damaging and hurtful” content to begin with but also how these companies seem now to have control over what is considered harmful to the average person. In other words, much of the market now depends on Facebook’s definition of “harmful” which can extend into some dicey territory.

Several groups have led a charge against the industry of bail bondsman and called it bail bond reform. Preventing these ads on social media and obfuscating the fact that there is access to funds that can help families post bond does not in itself create any solutions for the people they purport to be helping. It is not legislative reform. Jeff Clayton, executive director of the American Bail Coalition, dismissed the amount and claimed the companies were trying make the bail reform appear bigger than it really was.

Criminal justice reform has supporters on both sides of the isle and has for some time now worked to dismantle certain aspects of our criminal justice system.

Recent Discoveries

According to a recent impromptu experiment in the state of Maryland, showed that the elimination of bail actually increased the number of defendants held without bail from 10% to 14%. At the same time, fewer released defendants are showing up for trial. A ‘no show’ in court can face bigger penalties and consequences down the line. The concept of 24-hour bail bonds is contingent upon the judge’s discretion to set a bail amount so an accused person has the opportunity to get fast and reliable bail bond services.

Get Freedom with Freedom Bonds

Despite this controversy, Freedom Bail Bonds is here to help you deal with your arrest and better prepare for your court date. You have a right to a fair trial and a right to keep your life together until that date comes.  If you have been recently arrested or have a loved one that has been arrested, posting bail is the fastest way to get out and keep your life in order while you wait for court.

Posted on

A Look At the 8th Amendment & Why It Is Important

 

The Founding Fathers had incredible foresight. They managed to create a system of government that was not only effective, but that resisted mob rule encouraged a well-read citizenry and demands/protects man’s basic freedoms. The system they left continues to be a well-structured system of government for a prosperous representative republic.  Although many Presidents and policymakers have often misinterpreted the framers and created laws that are not always consistent with the founding principles, this country still holds it’s Bill of Rights and amendments in very high regard. Let’s take a look at the 8th amendment and how it might apply to you today.

8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, no cruel and unusual punishments inflicted.

This amendment essentially has two main components. The first deals with excessive bail fines for a defendant that has yet to see his full and official day in court. The second is the component of cruel and unusual punishment, which prohibits the use of cruel punishments— the language has always been a point of debate; for, how does one measure cruelty or the state of being unusual?

The Roots

Like a lot of things in America, the bail law was derived from Anglo-Saxon England. In this time period, however, justice functioned a lot differently. Unlike today, criminal justice was handled privately; family members were expected to avenge their loved one’s death/crime. A private citizen could actually kill someone that was sentenced to “outlawry.” Gradually this brutal system turned to one that bartered money instead of chaos. The system evolved, but people often faced a common problem about how to keep the accused nearby while they await trial. That is, how do they keep them from disappearing?

In medieval England, the sheriffs had discretionary power on how to set bail. This system was ripe for corruption, bribes, and special favors. In early America, the colonists brought with them their enlightened ideas of law and justice along with previously held laws in England. Slowly, the framers formed their own conception.

The Reason for Bail

Part of the reason why bail exists today is to ensure the appearance of an accused individual at trial. It basically keeps the person in the same jurisdiction and ensures that they will show up to court when they are scheduled. The Framer’s thinking behind the 8th Amendment was partly to ensure that localities didn’t set bail excessively high—although this did not mean that bail had to be particularly affordable or even available to everyone.

Ongoing Debate

There has always been a strong debate about the bail law. Most recently the debate has argued that bail amounts often make it difficult for low-class individuals to comply and is, therefore, a discriminatory law.  It is important to point out that the Framers never specified that there was a right to bail, but rather that the amount shall not be set excessively. In many cases, they left it up to the legislature to decide just which crimes could be bailable. Some attack money bail as unconstitutional not fully comprehending the reasons behind its actual implementation.  

How It is Determined & the Varying Factors

A judge can actually refuse bail for a number of reasons. This can be due to excessive criminal history, a bad record of court non-appearances, and misconduct, etc. Judges can also consider a defendant’s financial status although it is not necessarily required. Some misdemeanors will have standard bail amounts, but the judge also has the discretion to raise or lower them based on circumstances and other factors.

Trust Freedom

The modern commercial bondsmen began emerging at the turn of the 20th century. Getting arrested is no picnic. There are probably a thousand questions popping up through your head in those moments. You don’t want to spend any time in jail as you wait your trial. Freedom Bail Bonds wants to help you to be secure in your wait until your court