Typical Misunderstandings Related to Posting Bail

By Anne Bancroft


The bail system could sound too confusing and too complicated for a person who has been jailed for the first time in his life. Before trying to secure release from jail by posting bail, it is necessary to be aware of the different misconceptions that are related to posting bail.

The first option for an accused who is trying to regain freedom is posting bail in cash to assure the authorities that he will not escape if given the chance to spend time outside of jail. This fact is often misinterpreted by people who believe that bail should always be in form of cash, which is not true because an accused could actually seek assistance from a bondsman for a Bail Bonds in Redwood City.

In exchange for the surety bond, a bondsman will ask for a bond fee or what is commonly known as bond premium. One false belief about the bail bonds is that the bond premium is negotiable between the client and the bondsman. This is false because law states that the premium should be 10% of the bail amount and those who are offering higher or lower bond premium should be reported to the authorities.

A bondsman is also prohibited from asking additional charges or fees on top of the bond premium. Don't be fooled by companies or bondsman that are saying that state laws allow them to ask for additional charges or fees in exchange for the release of the defendant.

However, there are cases in which the bondsman could be allowed to demand collaterals such as properties as an assurance, especially for serious cases that requires expensive bail. But a person should know that collateral is not always required. Actually, there are companies out there that will not ask for collateral even if the bail amount is higher than the usual and these companies should be prioritized because surrendering collateral is very risky.

Posting bail in cash or securing surety bond doesn't mean that the case against the defendant will be dropped. Bail is not posted to cancel out his violation, but it is just a way to guarantee the court that he will be committed to all his legal liabilities while enjoying temporary freedom because of cash bail or surety bond.

While out on bail, the accused will be tied up with stipulations such as attending all court hearings and reporting to an officer to update his status. Violation of any rule will force the court to order the arrest of the accused and the bail will not be refunded as part of the previous agreement.




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