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When an individual is arrested for a crime, typically that person will be taken to a local law enforcement station for booking, prior to incarceration in a station lock-up or county jail. Once arrested and booked, the defendant has several options for release pending the conclusion of his or her case.
The bail system is designed to guarantee the appearance of a criminal defendant in court at the time the judge directs.
The three basic release options available to an arrestee are:
Cash Bond
To be released on cash
bail, an individual must post with the court the total
amount of the bail, in cash, to secure his or her return
to court on an appointed date, and thereafter until the
case is concluded. Full cash bonds provide a powerful
incentive for defendants to appear at trial. If the
defendant shows up for his/her scheduled court
appearances, the cash is returned to him/her. If s/he
fails to appear, the cash bond is forfeited to the
court.
Surety
Bond
An alternative to cash
bail is the posting of a surety bond. This process
involves a contractual undertaking guaranteed by an
admitted insurance company having adequate assets to
satisfy the face value of the bond. The bail agent
guarantees to the court that they will pay the bond
forfeiture if a defendant fails to appear for their
scheduled court appearances. The bail agents guarantee
is made through a surety company and/or by the pledge of
property owned by the agent.
Property
Bond
In rare
cases an individual may obtain release from custody by
means of posting a property bond with the court. Here
the court records a lien on property, to secure the bail
amount. If the arrestee subsequently fails to appear at
the scheduled court date, the court may institute
foreclosure proceedings against the property to obtain
the forfeited bail amount.
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