Table of Contents
If you are in the process of getting a bail bond for a loved one, there are many things you should know before you go ahead and sign. These include the types of bonds available, the cost and conditions of unconditional bail, and who secures the bond. Knowing these things can help you make the best decision.
Conditions Of Unconditional Bail
In most cases, a defendant cannot be released on bail unless the judge sets conditions for his release. Hiring a criminal defense lawyer is important to negotiate the best bail conditions for your case. If the judge deems the conditions ineffective, you could lose your money. Therefore, the best way to avoid losing money is to contact a criminal defense lawyer before posting bail.
One example of a condition is to keep you from getting arrested. For example, you could face a search condition if you get arrested for DUI. This is not legal under the Fourth Amendment, which forbids the government from conducting unreasonable searches and seizures. While this condition isn’t the best option for your situation, it may be reasonable based on your criminal record and ties to the area.
Cost Of Unconditional Bail Bonds
Unconditional bail bonds are less complicated than other types of bail bonds, and they provide a financial guarantee to the defendant that they will appear in court. However, the cost of unconditional bail bonds is higher than those of conditional bail. In addition, these bonds must be backed by collateral, which the judge determines.
An attorney can make a case for reducing the cost of unconditional bail bonds. The judge will look at the severity of the charges and the defendant’s criminal history. If the defendant has good ties to the community and demonstrates exemplary behavior, the judge may consider releasing them on recognizance. If you have been arrested for a felony and are unsure of your fate, an attorney can help you present a case in court.
An Insurance Company That Secures The Bond
Insurers work with bail agents to secure bonds for criminal defendants. They must be licensed by the New York State Department of Financial Services. When an insurance company secures a bail bond, it guarantees the defendant will appear in court and pay their bail. However, the defendant failed to appear in court and fled the country, forfeiting the bond. The trial court ruled against the insurer and entered a summary judgment against it.
Insurance companies secure unconditional bail bonds in many different ways. In some cases, the indemnitor is the principal, the person who is arrested. In addition, the indemnitor is the person who agrees to put up money or other liquid assets such as certificates of deposit (CDs). In other cases, the indemnitor may be an individual who does not have the financial resources to pay bail but has other assets that can be used as collateral. Insurance companies usually choose Managing General Agents (MGAs) to supervise bail bond agents.
Conditions Of Release On Own Recognizance
The first step in obtaining unconditional bail is determining if your case qualifies for release on your recognizance (ROR). This type of bail allows the defendant to leave jail on their recognizance without having to pay a bond. It entails a written promise to appear in court in the future. However, the defendant must still meet certain requirements to remain free. These may include abstaining from certain activities and meeting with a probation officer.
Sometimes, an OR officer can conduct a background check on the defendant and make recommendations to the judge. The information the OR officer gathers can determine the risk level of release. It can include interviews with friends, family members, and coworkers. It can also include information obtained from community members. The OR officer’s recommendation will be made to the judge and can be weighed in deciding on the case.
If the defendant meets all the conditions in the bail bond agreement, they can be released on their recognizance.