Bail is a vital component of the criminal justice system. However, defendants will often have incorrect information when it comes to bail. This can lead to poor decisions as they fight to defend themselves and protect their rights. Correcting these myths will be essential for allowing you to make informed choices.
Myth 1: Individuals Are Always Entitled To Bail
It is often assumed that every defendant must be given the opportunity to post bail. While it is true that the courts are mandated to offer bail to most defendants, there are a number of reasons that bail may be denied. One of the more common is due to the risk of the defendant violently harming other individuals or attempting to flee. Additionally, it can be possible for bail to be denied if the defendant refuses to agree to the judge's orders and conditions.
Myth 2: If You Are Unable To Pay Bail, It Must Be Lowered To An Amount You Can Afford
Another assumption that some individuals have is that bail must always be set at an amount the defendant can afford. Unfortunately, this is not the case, and individuals will often find that their bail is far more than what they could hope to pay. In some instances, a person may be able to obtain a waiver due to particular hardship that can allow the bail amount to be lowered, but there are extremely strict requirements to qualify for this type of special treatment. Luckily, there are bail bonding services that can be used in situations where the defendant is simply unable to pay the bail on their own.
Myth 3: Bail Bondsmen Will Always Try To Keep Your Collateral
As part of the bail bonding process, it will be necessary to secure the bond with collateral. It is common for individuals to assume that the bail bondsman will look for any reason to retain this collateral, and this assumption can cause them to be uneasy with using these services. However, the terms of the bail bond will be clearly explained in the contract. In most instances, loss of the collateral will only occur if the defendant violates their terms of release and fails to show up for their scheduled court date.
Due to this reality, it is essential for individuals to try to ensure they are complying with these conditions to prevent having their bail revoked and potentially forfeiting the collateral they used to secure the bond. If you are ever unsure of these conditions, you should call your attorney as they will be able to provide you with guidance.
For more information, contact a company like A Bail Now Bail Bonds, Inc.