After someone is arrested, they may be offered the chance to post bail, which allows them to be released from jail while awaiting trial. However, the process doesn’t end once bail is paid. There are several important steps and responsibilities that follow posting bail, both for the defendant and their loved ones.
Understanding what happens after posting bail is crucial to ensuring that the defendant remains free and adheres to all legal obligations. In this blog, we will walk you through what to expect after bail is posted, so you can be fully prepared for the next steps.
The Defendant is Released from Jail
The primary purpose of posting bail is to allow the defendant to be released from jail while they wait for their court date. Once the bail bond is posted, the jail will process the release. This can take anywhere from a few hours to a full day, depending on the jail’s procedures.
After the release, the defendant can return home, go back to work, and prepare for their trial, instead of being stuck in jail. This gives them a chance to arrange legal counsel, gather evidence, and organize their defense strategy.
The Defendant Must Attend All Court Hearings
One of the most important things to remember after posting bail is that the defendant must attend all scheduled court hearings. Missing a court date can have serious consequences. Not only could the case be delayed, but the bail bond could also be forfeited, meaning the bail money would be lost.
Failure to appear in court also gives the court grounds to issue an arrest warrant for the defendant. If this happens, the defendant could be re-arrested, and the bond could be revoked. To avoid this, it’s crucial that the defendant keeps track of all court dates and works with their attorney to ensure they attend every hearing.
The Bail Bondsman Monitors the Defendant’s Compliance
Once bail is posted, the bail bondsman typically keeps an eye on the defendant’s compliance with court orders. The bondsman has a financial stake in ensuring the defendant attends all court hearings, and they may use monitoring systems to ensure the defendant stays on track.
In some cases, a bondsman may require the defendant to check in regularly or provide updates on their whereabouts. If the defendant fails to show up for court, the bondsman is responsible for recovering the bail amount, which could include using bounty hunters or other measures to track down the defendant.
What Happens if the Defendant Doesn’t Appear in Court?
If the defendant fails to appear in court, the bail bond is considered forfeited. This means that the bondsman will lose the money they posted with the court. To recover the loss, the bondsman can take several steps to track down the defendant.
The bondsman may hire bounty hunters or work with law enforcement to locate the defendant. If the defendant is found, they will be arrested and may face additional charges for skipping court. Additionally, the person who co-signed the bail bond may be held financially responsible for the full bail amount.
It’s important for both the defendant and the co-signer to understand the gravity of attending court dates. Non-compliance can lead to additional legal issues and financial repercussions.
The Bail Bond Fee is Non-Refundable
One common misconception about bail bonds is that the fee paid to the bail bondsman is refundable. However, the fee is non-refundable, regardless of whether the defendant is found guilty or not. This fee typically ranges between 10-15% of the total bail amount and is considered payment for the service provided by the bail bondsman.
Even if the defendant is acquitted or the case is dismissed, the bond fee remains with the bondsman. This is because the fee covers the risk the bondsman takes on by guaranteeing the defendant’s release.
How Long Does the Bail Bond Last?
A bail bond is in effect until the conclusion of the defendant’s case. Once the case is resolved and the defendant has attended all required hearings, the bond will be discharged, and the defendant’s obligations will be fulfilled.
In some cases, the court may allow a defendant to be released on bail for a longer period, especially if they are awaiting a trial or sentencing. However, the bail bond is not automatically extended unless agreed upon by the bail bondsman and the court.
The Co-Signer’s Responsibility
If someone co-signs the bail bond, they are agreeing to take responsibility if the defendant does not comply with the terms of the bail agreement. The co-signer promises to ensure that the defendant attends all court dates and will help cover the bail bond if the defendant skips out on their obligations.
Co-signers should understand that this is a significant financial commitment. If the defendant fails to show up in court, the co-signer may be responsible for paying the full bail amount. It’s crucial to have open communication with the defendant to ensure they follow through with the court process.
Conclusion
Posting bail provides a valuable opportunity for defendants to remain free while awaiting trial. However, it’s important to understand the responsibilities that come with it. The defendant must attend all court hearings, and both the defendant and the co-signer must comply with the terms of the bail bond.
By working closely with a bail bondsman, you can ensure that the process runs smoothly and that the defendant has the best chance of success in court. Always remember that the goal is to return to court, fulfill legal obligations, and ultimately move on from this challenging time.