A Bail is a settlement between the court or police with the accused person or suspects that they will attend the court when needed. If the suspect fails to present themselves, the court may issue an order of arrest or confiscation of any amount deposited.
Thanks to bails, suspects can now have freedom while waiting for the final judgment in court. There are various types of bails the accused can choose from based on the purpose, amount, and regulations. Understanding the importance of bails to both the suspect and the court would be significant.
Bail is complex to understand, but a criminal lawyer Brampton can help you navigate the law carefully. Here’s a summary of what bail does:
- Bails reduce the burden of the court to keep following up on criminals for their final judgment.
- In the case of bail, the suspect gets the opportunity to remain innocent until proven guilty.
- Bails help the suspect to keep up with their everyday life as they await their trial.
- Bails enable the court to handle one suspect at a time, thus reducing a pile-up in the court files.
These are the six different types of bail and how they work:
Type #1: Cash bail
Cash bail is the most common and standard type of bail. From the name, the suspect deposits cash in full immediately after the court orders them to do so. After payment, the suspects adhere to the court dates according to the settlement. The court will refund your money once the case is over, although it may sometimes retain it to pay fines and other court costs.
Type #2: Citation Bond
The citation bond happens when the arresting officer issues a citation from the court, ordering the accused to appear for judgment on a particular date. The bail is given as soon as the suspect is arrested, thus saving more time for both parties. Citation bonds are mainly effective on minor crimes such as speeding tickets and breaching traffic laws. An arrest order is issued immediately if the suspect doesn’t appear in court.
Type #3: Surety Bond
Surety bond occurs when the suspect doesn’t have to pay the total amount, making a settlement with bond agencies that take up the obligation but at a service fee of 10%. For instance, if a court places a $150 bond and you don’t have it at that moment, you can sign a legal agreement with a surety agency that will pay the amount and get to repay them later as per the contract. The parties of a surety bond include:
- The surety- is the one who takes up the obligation to pay the bail.
- The court- is the one to whom an obligation is paid.
- The principal- is the one who initiates a contractual agreement (the suspect).
Type #4: Personal Recognizance Bond
A personal recognizance bond is rare, though the court chooses to set the suspect free without money. However, the defendant must adhere to all court dates according to the agreement since there are no charges during these sessions. Should the suspect fail to attend the court sessions, the court may order their arrest, and this time round, cash bails or other measures may apply. The court may set additional regulations in case of a personal recognizance bond, including:
- The suspect must stay away from further crimes.
- The suspect may be needed to regularly contact the court or receive calls from the court concerning their case.
- The suspect may be forbidden from leaving or entering certain areas per the contract, while charges apply in case of violations.
Type #5: Immigration Bail Bond
An immigration bond is slightly similar to cash bail, only that it’s charged to non-citizens. This bond is quite challenging due to different laws and regulations for various nations; thus, immigrants or Green Card holders are advised to refrain from criminal activities at all costs. Significant types of immigration bail bonds include:
- Order of supervision bonds- Ensures that the suspect adheres to all the contract conditions while charges apply in case of violation. The order is removable after some time if the defendant proves obedient.
- Voluntary departure bonds (VB bonds)- VB bonds happen when the immigrant is granted voluntary departure to their mother country.
- Public safety bonds ensure that the government gets compensated if the bailed undocumented party accepts any form of public assistance.
- Delivery bond- A delivery bond ascertains that the alien will adhere to the order of deportation.
Type #6: Property Bail Bond
Just like the name, property bonds occur in a collateral form, being an excellent alternative when the suspect doesn’t have any liquid money. The property, in this case, is returnable when you’re found innocent after attending all the sessions scheduled by the court.
Several courts prefer using assets such as lands or buildings to cover property bail bonds. Although, other forms of properties are also accepted. Unlike cash bonds, property bonds may take some time as they must undergo valuation, inspection, and paperwork processes before they become effective.
Choosing which form of bail can be challenging, but you can make a clear decision with the above list. Following the option, you choose, ensure first to understand its rules and regulations. Several bond agencies with good reputations can efficiently represent you in court.