My loved one has just been arrested. How do I get them out?
The first ting to do is to call an attorney. An experienced attorney would be able to guide you though the legal process. The first step would be getting a reasonable bail set so you can bond out your loved one. Contact Bray Law today so we can help you get them out of jail.
What is bond or bail?
Bail is the money a defendant must pay in order to get out of jail. Bond is what is posted on a defendant's behalf to secure his release, usually by a bail bonding company. Typically, the terms are used interchangeably.
When a person is arrested and charged with an offense, they can only get out of jail by posting bail or obtaining a bond. A judge determine the amount of bail to set based on the individual characteristics of the case. The judge may look at: criminal history of the offender, risk to re-offend, risk of intimidating witnesses, risk of fleeing the jurisdiction, and the seriousness of the offense. A judge may deny bail or set an amount that is unreasonable.
Bail is a way of securing a defendant's agreement to return to court and to abide by certain conditions. If the defendant fails to appear or violates the terms of the release, the state can move for bond forfeiture. If that is the case, then the defendant could lose the money placed for bond and face being placed back in jail.
There are several types of bonds:
- Release on Own Recognizance: Released from jail in exchange for signing an agreement for promising to return to court and abide by other conditions. No money needs to be placed on the bond.
- Signature Bond: Released from jail upon someone else (family member, friend) signing a bond that he or she will be liable for penalties if the defendant fails to appear in court.
- Cash Only Bond: The amount of the bond can only be placed with cash. If the defendant doesn't show, you risk losing you cash.
- Property or Cash Bond: You can place the bond in cash or you can place a property you own that is worth the amount on the bond. If the defendant doesn't show up to court, you risk losing your property or cash.
What if the bond amount set by the judge is too high and we can't make it? Or what if one of the conditions just can't be met?
Sometimes judges set the amount of bond too high for you to make. Or they put conditions, such as living in a certain area, that cannot be achieved. Even if out of jail with bond conditions, sometimes situations change and you need to change the conditions. In any of those cases, Bray Law can set in and petition the court for a bond hearing. At the hearing, we would present our client's case and why the terms of the current bail is not appropriate and is unreasonable.
The judge could then rule in several ways:
- Release on Own Recognizance: Released from jail in exchange for signing an agreement for promising to return to court and abide by other conditions. No money needs to be placed on the bond.
- Signature Bond: Released from jail upon someone else (family member, friend) signing a bond that he or she will be liable for penalties if the defendant fails to appear in court.
- Bond Amount Reduction: The judge will look at the financials available to the family. Typically, the court will be looking for the defendant to go through a bonding company in these cases. Or they can change a cash only bond to a property bond.
- Bond Conditions Modification: Whether you are out of already out of jail or still in jail, a judge can change the conditions on the bond.
What are bonding companies?
When bail is set in an amount that are beyond the financial capabilities of the defendant or his family and friends, a bonding company may be able to help. They are a for-profit company that charge a non-refundable fee to post bail for the defendant. The fee is typically 10%-20% of the bail amount.
The bonding company signs a contract with the court (surety bond) and agrees to ensure the defendant appears in court or else they forfeit the bail amount. They may require the defendant to check in on a regular basis. They may also call the defendant to remind him up upcoming court dates. If the defendant fails to show, they may retain the services of a bail recovery agent (bounty hunter) to find the defendant and bring him into custody to prevent them from losing the bail amount.
Do I need an attorney? Why Bray Law?
An attorney will be able to file for bond reduction and/or bond modification. They will be able to gather the information the judge needs to make the decision to reduce the bond or change the bond conditions. They will also be able to negotiate with the state before the hearing and try to get a consent on the bond and not have to go in front of the judge. Bray Law is the right law firm for you when you need help with bond issues. Bridgett Bray has the unique experience of handling hundreds of bond hearings from both the defense and prosecution side. She knows what the state and judges expect and need to hear and see to reduce or modify bond. She will be the advocate you need to get your loved one home. Contact us today for a Free Consultation.