Phoenix Court | Bail Bonds

An Introduction to Surety Bail Bonds

October 25, 2008 By Maricopa County Court Leave a Comment

Bail bonds are a type of surety bonds, which are used to guarantee the entire bail amount if the charged party fails to uphold the terms of his or her release. A surety bail bonds man usually pays the court a huge blanket bond to check upon several clients, then charges every client 10% of his or her sum bail amount as a cash guarantee. These cash bonds are measured bail bonds and are usually non-refundable if received through bail bonds men. The chief advantage of client does not have to spend all of his or her time in a horrible cell until the trial date.

Bail bonds could be generally obtained in most areas of the United States 24 hours a day, 7 days a week. Bail bondsmen usually remain obtainable on an ‘on call’ source at any time they are away from their offices. The idea of bail bonds for the release of jailed persons is commonly restricted to the United States. Many other countries have other techniques for generating financial or ethical incentives for accused parties to emerge in court. Because a number of people deliberately skip town after redistribution surety bail bonds, there is as well a need for an exclusive occupation known as bounty hunter. Private individuals could be further hired by bail bondsmen to pathway down and go back those clients who fail to emerge in court.

Because bail bonds released by private bail bonding companies could be non-refundable and very costly as well, many court systems have generated an option for accused people and their families. In lieu of the whole bail amount, a 10% cash bond could as well be established by the court directly. This is the same state that generated the want for bail bondsmen in the prime place, but families with the means to generate cash no longer have to go during an intermediary. Basically, bail bondsmen work much like other short-term, high-interest permitting institutions. The refund terms could be brutal. Several states by have banned the practice of bail bonds, and more might pursue in the future. The financial difficulties to the accused and his or her family appear to be more important than the potential benefits of release until trial.

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Bail

October 25, 2008 By Maricopa County Court 3 Comments

By Damian Sofsian

Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and be guilty of the crime of failure to appear). In most cases bail money will be returned at the end of the trial, if all court appearances are made, no matter whether the person is found guilty or not guilty of the crime accused. In some countries granting bail is common. Even in such countries, however, bail may not be offered by some courts under some circumstances; for instance, if the accused is considered likely not to appear for trial regardless of bail. Countries without bail imprison the suspect before the trial only if deemed necessary.

Legislatures may also set out certain crimes to be unbailable, such as capital crimes.

Under the current law of England and Wales, bail simply refers to the release of the accused before trial.
Contents

Forms of bail

The form of bail varies from jurisdiction, but the common forms of bail include:

* Recognizance — a promise made by the accused to the court that he/she will attend all required judicial proceedings and will not engage in illegal activity or other prohibited conduct as set by the court. Typically a monetary amount is set by the court, but is not paid by the defendant unless the court orders it forfeited; this is denominated an unsecured appearance bond or release on one’s own recognizance.
* Surety — when a third party agrees to be responsible for the debt or obligation of the defendant. In many jurisdictions this service is provided commercially by a bail bondsman, where the agent will receive 10% of the bail amount up front and will keep that amount regardless of whether the defendant appears in court. The court in many jurisdictions, especially jurisdictions that prohibit bail bondsmen, may demand a certain amount of the total bail (typically 10%) be given to the court, which, unlike with bail bondsmen, is returned if the defendant does not violate the conditions of bail. This also known as surety on the bond.
* Conditions of release – many varied non-monetary conditions and restrictions on liberty can be imposed by a court to ensure that a person released into the community will appear in court and not commit any more crimes. Common examples include: mandatory calls to the police, surrendering passports, home detention, electronic monitoring, drug testing, alcohol counseling, surrendering firearms.
* Protective order also called an Order of protection- one very common feature of any conditional release, whether on bail, bond or condition, is a court order requiring the defendant to refrain from criminal activity against the alleged crime victim, or stay away from and have no contact with the alleged crime victim. The former is a limited order, the latter a full order. Violation of the order can subject the defendant to automatic forfeiture of bail and further fine or imprisonment.
* Cash — typically “cash-only,” where the only form of bail that the Court will accept is cash.[1]
* Combinations – courts often allow defendants to post cash bail or bond, and then impose further conditions, as mentioned above, in order to protect the community or ensure attendance.[2]

Bail may be forfeited, and the defendant remanded to jail, for failure to appear when required.

Bail law in England and Wales

History

In mediæval England, the sheriffs originally possessed sovereign authority to release or hold suspected criminals. Some sheriffs would exploit the bail for their own gain. The Statute of Westminster (1275) limited the discretion of sheriffs with respect to the bail. Although sheriffs still had the authority to fix the amount of bail required, the statute stipulates which crimes are bailable and which ones are not.

In the early 17th century, King Charles I ordered noblemen to issue him loans. Those who refused were imprisoned. Five of the prisoners filed a habeas corpus petition arguing that they should not be held indefinitely without trial or bail. In the Petition of Right (1628) the Parliament argued that the King had flouted Magna Carta by imprisoning people without just cause.

The Habeas Corpus Act 1679 states, “A Magistrate shall discharge prisoners from their Imprisonment taking their Recognizance, with one or more Surety or Sureties, in any Sum according to the Magistrate’s discretion, unless it shall appear that the Party is committed for such Matter or offenses for which by law the Prisoner is not bailable.”

The English Bill of Rights (1689) states that “excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subjects. Excessive bail ought not to be required.” This was a precursor of the Eighth Amendment to the US Constitution.

Forms of Bail

In the UK there are three types of bail:

1. Police Bail where a suspect is released without being charged but must return to the police station at a given time.
2. Police to Court where having been charged a suspect is given bail but must attend his first court hearing at the time and Court given
3. Court bail where having already been in court a suspect is granted bail pending further investigation or while the case continues

Police bail before charge

Under the Police and Criminal Evidence Act 1984, the police have power to release a person, who has not been charged, on bail. This is deemed to be a release on bail in accordance with sections 3, 3A, 5 and 5A of the Bail Act 1976.[3]

Police bail after charge

After a person has been charged, he must ordinarily be released, on bail or without bail.[4] Unless the accused has a previous conviction (or equivalents in cases of insanity) for certain specified homicide or sexual offences[5], the accused must be released either on bail or without bail unless:[4]

(a) If the person arrested is not an arrested juvenile—cha

(i) his name or address cannot be ascertained or the custody officer has reasonable grounds for doubting whether a name or address furnished by him as his name or address is his real name or address;

(ii) the custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail;

(iii) in the case of a person arrested for an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing an offence;

(iiia) in the case of a person who has attained the age of 18, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under section 63B below]

(iv) in the case of a person arrested for an offence which is not an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from causing physical injury to any other person or from causing loss of or damage to property;

(v) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence; or

(vi) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection;

(b) if he is an arrested juvenile—

(i) any of the requirements of paragraph (a) above is satisfied; or

(ii) the custody officer has reasonable grounds for believing that he ought to be detained in his own interests.

If he is granted bail it will be bail to appear at a Magistrates’ Court at the next available sitting.[3]

Bail by a court

Right to bail

Under current law, a defendant has an absolute right to bail if the custody time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it[6],

The main reasons for refusing bail are that the defendant is accused of an imprisonable offence and there are substantial grounds for believing that the defendant:

1. will abscond;
2. will commit further offences whilst on bail; or
3. will interfere with witnesses.[6]

The court should take into account:

1. the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),
2. the character, antecedents, associations and community ties of the defendant,
3. the defendant’s bail record, and
4. the strength of the evidence.[6]

The court may also refuse bail:

* for the defendant’s own protection;
* where the defendant is already serving a custodial sentence for another offence;
* where the court is satisfied that it has not been practicable to obtain sufficient information;
* where the defendant has already absconded in the present proceedings;
* where the defendant has been convicted but the court is awaiting a pre-sentence report, other report or inquiry and it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody;
* where the defendant is charged with a non-imprisonable offence, has already been released on bail for the offence with which he is now accused, and has been arrested for absconding or breaching bail.[6]

Where the accused has previous convictions for certain homicide or sexual offences, the burden of proof is on the defendant to rebut a presumption against bail.[7]

The Criminal Justice Act 2003 amended the Bail Act 1976 restricting the right to bail for adults who tested positive for a Class A drug and refused to be assessed or refused to participate in recommended treatment[8]

Conditions

Conditions may be applied to the grant of bail, such as living at a particular address or having someone act as surety, if the court considers that this is necessary:

* to prevent the defendant absconding;
* to prevent the defendant committing further offences whilst on bail;
* to prevent the defendant interfering with witnesses; or
* for the defendant’s own protection (or if he is a child or young person, for his own welfare or in his own interests).[6]

Failure to comply with bail

Failing to attend court on time as required is an offence, for which the maximum sentence in a magistrates’ court is three years and twelve months’ imprisonment in the Crown Court. (Sentences are usually much shorter than the maximum, but are often custody.) In addition to imposing punishment for this offence, courts will often revoke bail as they may not trust the defendant again. The amended Consolidated Criminal Practice Direction states (at paragraph 1.13.5) that “the sentence for the breach of bail should usually be custodial and consecutive to any other custodial sentence”.[9]

Failing to comply with bail conditions is not an offence, but may lead to the defendant being arrested and brought back to court, where they will be remanded into custody unless the court is satisfied that they will comply with their conditions in future.

Bail law in the United States

In pre-independence America, bail law was based on English law. Some of the colonies simply guaranteed their subjects the protections of British law. In 1776, after the Declaration of Independence, those which had not already done so enacted their own versions of bail law.

Section 9 of Virginia’s 1776 Constitution states “excessive bail ought not to be required…” In 1785, the following was added, “Those shall be let to bail who are apprehended for any crime not punishable in life or limb…But if a crime be punishable by life or limb, or if it be manslaughter and there be good cause to believe the party guilty thereof, he shall not be admitted to bail.”

Section 29 of the Pennsylvania Constitution of 1776 states that “Excessive bail shall not be exacted for bailable oflences: And all fines shall be moderate.”

The Eighth Amendment in the US Federal Bill of Rights is derived from the Virginia Constitution, “Excessive bail shall not be required…”, in regard to which Samuel Livermore commented, “The clause seems to have no meaning to it, I do not think it necessary. What is meant by the term excessive bail…?” The Supreme Court has never decided whether the constitutional prohibition on excessive bail applies to the States through the Fourteenth Amendment.

The Sixth Amendment, to the Constitution, like the English Habeas Corpus Act of 1678, requires that a suspect must “be informed of the nature and cause of the accusation” and thus enabling a suspect to demand bail if accused of a bailable offense.

The Judiciary Act of 1789

In 1789, the same year that the United States Bill of Rights was introduced, Congress passed the Judiciary Act of 1789. This specified which types of crimes were bailable and set bounds on a judge’s discretion in setting bail. The Act states that all non-capital crimes are bailable and that in capital cases the decision to detain a suspect, prior to trial, was to be left to the judge.

The Judiciary Act states, “Upon all arrests in criminal cases, bail shall be admitted, except where punishment may be by death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein.”

The Bail Reform Act of 1966

In 1966, Congress enacted the Bail Reform Act of 1966 which states that a non-capital defendant is to be released, pending trial, on his personal recognizance or on personal bond, unless the judicial officer determines that such incentives will not adequately assure his appearance at trial. In that case, the judge must select an alternative from a list of conditions, such as restrictions on travel. Individuals charged with a capital crime, or who have been convicted and are awaiting sentencing or appeal, are to be released unless the judicial officer has reason to believe that no conditions will reasonably assure that the person will not flee or pose a danger. In non-capital cases, the Act does not permit a judge to consider a suspect’s danger to the community, only in capital cases or after conviction is the judge authorized to do so.

The 1966 Act was particularly criticized within the District of Columbia, where all crimes formerly fell under Federal bail law. In a number of instances, persons accused of violent crimes committed additional crimes when released on their personal recognizance. These individuals were often released yet again.

The Judicial Council committee recommended that, even in non-capital cases, a person’s dangerousness should be considered in determining conditions for release. The District of Columbia Court Reform and Criminal Procedure Act of 1970 allowed judges to consider dangerousness and risk of flight when setting bail in noncapital cases.

Current U.S. bail law

In 1984 Congress replaced the Bail Reform Act of 1966 with new bail law, codified at United States Code, Title 18, Sections 3141-3150. The main innovation of the new law is that it allows pre-trial detention of individuals based upon their danger to the community; under prior law and traditional bail statutes in the U.S., pre-trial detention was to be based solely upon the risk of flight.

18 USC 3142(f) provides that only persons who fit into certain categories are subject to detention without bail: persons charged with a crime of violence, an offense for which the maximum sentence is life imprisonment or death, certain drug offenses for which the maximum offense is greater than 10 years, repeat felony offenders, or if the defendant poses a serious risk of flight, obstruction of justice, or witness tampering. There is a special hearing held to determine whether the defendant fits within these categories; anyone not within them must be admitted to bail.

State bail laws

Bail laws vary somewhat from state to state, as is typical of U.S. jurisprudence. Generally, a person charged with a non-capital crime is presumptively entitled to be granted bail. Recently, some states have enacted statutes modelled on federal law which permit pretrial detention of persons charged with serious violent offenses, if it can be demonstrated that the defendant is a flight risk or a danger to the community.

Some states have very strict guidelines for judges to follow, with a published bail schedule.[10] Some states go so far as to require certain forfeitures, bail, and fines for certain crimes.[11]

Courtesy http://en.wikipedia.org/wiki/Bail

The Bail Bondsman Coming To The Rescue

October 23, 2008 By Maricopa County Court Leave a Comment

By Mike Selvon

Prisons and jails will always be needed until humanity reaches the point where no crimes are committed. Prepare yourself for disappointment, because that is not going to be anytime in the near future. People are arrested for everything from domestic disputes to violent crimes.

The bail bondsman is there to help those people get out of jail and have the opportunity to continue to lead their lives while awaiting trial. Once you know the process of using a bail bond agency or bail bond agents, you will be one step closer to freedom.

If you do find yourself on the wrong end of the law’s long arm, then it is good to know what is going to happen. The very first thing, as you might have guessed, is that you are going to be arrested and booked on whatever crime has allegedly occurred.

Just remember that you are innocent until proven guilty. The second step is a judge setting the bail bond. A bail bond is how much money it will take in order for you to get out of jail until the hearing.

Once the bail bond is set you have two options. Option A is to pay the entire bond out of pocket. The great thing about this option is that you will pay no fees and once you show up in court you will get your money back.

Option B is that you contact a county bail bond agent who will pay the bond, or rather guarantee the bond for you. You will have to pay a 10% fee of the total bond amount. The downside to this option is that the fee is non-refundable.

Next on the agenda involves being released with the bail bondsman. It is very important to remember that someone else has taken on the responsibility of your release from jail. You must show up to court or you will find yourself hunted down by a bail enforcement agent, otherwise known as a bounty hunter. That is one situation you want to avoid.

Once you have shown up to court, you will either have a trial or you will have to pay a fine, which will be determined by a jury or a judge, respectively. Best case scenario is that this never happens because you stayed on the straight and narrow path and obeyed the law. If you do find yourself in a sticky situation, then a bail bondsman is going to be your best friend for quite awhile or at least until you show up in court.

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Filed Under: bail bonds Tagged With: bail bondsmen, jail, prison

Disadvantages Of Bail Bonds Services

October 23, 2008 By Maricopa County Court Leave a Comment

By Mike Selvon

The catch about bail bond agents is that you really do not pay much attention to them until you find yourself in a predicament with the law. There is a website where you can gain some knowledge of legal terms and perhaps find a bail agent who can help you get back on your feet again after being arrested.

“Bail Bonds services” is a website devoted to the bail bond world and even has postings of fugitives. It may be worth a minute or two of your time to take a look around, just in case you find yourself behind bars.

Let us say, hypothetically of course, that you or a family member has been arrested and a judge has set a $20,000 bond that must be paid before release from jail can occur. Whoa, that is a lot of money and very few people can afford to put that much up in cash to get a loved one out of jail. That is where the bail agency steps in and helps you out.

They come up with the money or guarantee to get the person out of jail. This is not a free, “get out of jail” card. Usually the fee is ten percent and it is non-refundable.

Had you coughed up the full 20 grand, it would have been returned to you after the defendant showed up in court but as mentioned earlier, few people can come up with that kind of cash at a moments notice. The bail agency can be your friend or your worst enemy should the friend or family skip out on the bond.

“Bail Bonds services” is not a bail bond agency. They provide you with bail information for your area. There are links on the webpage to the right that can let you be an affiliate member or give you the latest bond skippers who have cash rewards on their heads.

You should be aware that they are not a referral service and nothing they offer is guaranteed. The best part of the website is the glossary of terms that can help you understand the legal system.

“Bail Bonds services” also provides listings of criminal attorneys in your area. However, not all states are covered and most certainly not all areas are covered.

Smaller towns will be forgotten as some bond agents will not be using the service if they charge a fee for listing. You absolutely must remember that they are not a referral agency and they are not responsible for helping you bail out your friend or loved one.

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Filed Under: bail bonds, Getting Arrested Tagged With: bail bond services, bail bonds

Criminal Bail Bonds

October 21, 2008 By Maricopa County Court Leave a Comment

By Damian Sofsian

Criminal bail bonds are necessary for people who have been accused of a crime to get out of jail while awaiting court dates and/or trials. Once people are charged with crimes, they are entitled to apply for bail while the court case is being processed. There are companies that specifically deal in the processing and approval of bail bonds.

Driving under the influence of alcohol or drugs (DUI) is considered a crime. Driving while intoxicated (DWI) is similar to a DUI, and is also a crime. When arrested for DUI or DWI, it is often very serious. The court proceedings often take months, sometimes even a year or more, so it is common for people involved in these cases to seek and post bail, so as not to spend the time waiting for the court dates in jail, but rather at home.

Criminal bail bond agencies help the accused make bail, which can be very high at times, and friends/family may not have the money for it on hand. Bail bond agencies normally collect particular percentage of the total bail amount (as dictated by law) and assure the court that the defendants will appear to all hearings as and when required.

Bail bond agencies collect 10% of the bail amount as a premium. To have a friend/relative freed from jail, this amount has to be paid instantly. Once the payment is received, the procedures for getting that person released from the jail are arranged.

Criminal bail bonds may sound simple, but in general, they are not. These proceedings take a long time and one has to be very patient. Especially in metropolitan cities, the number of crimes is increasing and so the criminal bail bond businesses aren?t lacking in customers. [http://www.bailbonds-web.com]Bail Bonds provides detailed information on Bail Bond Agents, Bail Bond Companies , Bail Bond License, Bail Bond Schools and more. Bail Bonds is affiliated with [http://www.i-lawenforcement.com]Law Enforcement Training.

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Filed Under: bail bonds, Getting Arrested Tagged With: criminal bail bonds, jail

Bail Bonds – Just Like Real Cash

October 14, 2008 By Maricopa County Court Leave a Comment

By Michael Russell

Life can be special, especially if you’re living the life you dreamed of. Everyone wants to have a long and fulfilling life. Everyday you would like to experience something new. Something that makes today better then yesterday and tomorrow better then today, but, life isn’t perfect and you shouldn’t expect it to be. You grew up in this world, by the time you reach adulthood, you should know that there will be bad days. Hopefully you have enough maturity and it helps you overcome the trials and tribulations of life, but for some people, life can become a nightmare.

There are so many things you can do in your life, but you need to be smart. There are rules you must live by and if you chose to break those rules, then you may have to pay the consequences. The biggest consequence you could pay, is to be arrested. If your actions aren’t considered major, then you’ll probably get to go home, but if you committed, or you’re arrested on the suspicion of committing a serious crime, then you’re going to jail.

How long will you stay in jail? Well, that depends on what you did. If your crime was so heinous, then the court may decide to keep you in jail until your trial. But if the court decides your crime doesn’t require you to stay in jail, the court will give you bail. What is bail? Bail is a fee the court charges you, to make sure you will appear in court. You only have to pay a percentage of the bail amount. If you appear in court, then your bail money will be returned, but if you don’t, then the money will be forfeited over to the court.

If you have a lot of money, then making bail won’t be a problem, but most people don’t have that amount of money easily available to them. If you don’t have the money and you can’t find a relative who has, then your best chance of making bail, is with a bond. The bail bond, just like cash, is issued as a guarantee that you will appear in court. You can get a bail bond from a bail agent. The agent will usually charge around 10% of the bond amount. The bail bond is a contract and you will need someone to co-sign the contract. The bail bond, just like cash, will be forfeited if you don’t appear in court. But the major difference is, if you forfeit your bond, the person who co-signed for your bond will still be liable for paying off your bond.

Bail bonds are a good tool within the court system. It allows people with low incomes, to be able to acquire some of the same rights, as people with high incomes. But bail bonds are also a business and the fees can get steep, depending on the length of the bond. Of course, the best thing for people to do, would be to live their lives within the law and never have to worry about whether they can or can’t make bail.

Michael Russell
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Filed Under: bail bonds, Getting Arrested Tagged With: bail bonds, court system, jail

Your Bail Bonds Questions Answered

October 9, 2008 By Maricopa County Court Leave a Comment

By Mike Selvon

Bail bonds may not be something you ever need but should you find yourself in a jam, you are going to have to know something about how they work and how they benefit you. It could mean the difference between sitting in jail waiting on a court date and being able to be with your family or friends.

You probably do not set out with the intention of being arrested and needing the services of a bail bond agent but in this article we will cover the basics of the bail bonds world and hopefully educate you on the basics that you will need to know in case you ever find yourself in a stick situation.

What are bail bonds?

Bail bonds are the fee it takes to get out of jail. The bail bond can be paid by the defendant in full or it can be paid by a special agency that works to get people back on their feet after being arrested. The modern bail bond agency was first started back in the 1800′s by Tom and Peter P. McDonough.

They believed that a person was innocent until proven guilty and should not have to sit in jail waiting to prove their innocence. They should be free to live their lives until the court date.

What is a cash only bond?

A cash bond occurs when the judge will not allow you to be bailed out by a bond agency. This usually occurs if the judge considers you a flight risk but will still allow you out of jail.

There are some smaller bonds that must be paid such as insufficient funds on a checking account. Speeding tickets may be considered a cash bond if you have failed to pay the ticket and have had a warrant issued.

What is a bounty hunter?

A bounty hunter is someone that hunts down people that have skipped out on their bonds. Skipping out on a bond means that the person did not show up for their court date and have gone on the run to avoid being caught and returned to jail. A bounty hunter is usually required to be licensed in the state, or states, he or she practices in and they must know the laws under which they are required to operate.

Is bounty hunting really like those reality television shows?

Any real bounty hunter will tell you that their job is not nearly as exciting as the reality television shows pain it out to be. Many times they go to find the defendant and he or she is sitting at their house with some excuse as to why they did not show up at court.

There are times of excitement when the person goes on the run but those are few and far between. There is usually no “jet setting” lifestyle where they fly to some exotic place to retrieve the defendant.

If I have to post a bond myself, will I get the money back?

Once you have shown up for court on the date specified you will get your bond money back. Do not count on it being there immediately for you to pick up.

The court system has to discharge the bond money. You may not get this until your case is settled because there is still the possibility that you could skip out on your bond.

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Filed Under: bail bonds, Getting Arrested Tagged With: bail bonds, maricopa county jail

Arrested For Public Intoxication – What Next?

September 24, 2008 By Maricopa County Court Leave a Comment

By Joseph Devine

When you are arrested for something such as public intoxication, there are a number of things that you need to do in the process. One of the first things that you should do is understand what all the terms that you will hear actually mean.

Public intoxication is defined when a person has ingested a product whether its drugs or alcohol that is affecting their judgment. This also means that you aren’t able to make rational decisions by yourself which is why the police will arrest you. When they arrest you, they will keep you in jail for at least 6 hours to ensure that the substance that you used is now completely out of your system. The police want to make sure that you are completely sober so that you won’t get hurt when you leave jail. The reason that they arrest you in the first place is because they don’t want you to cause harm to either yourself or others while you are intoxicated.

When they originally arrest you, you will be required to go through what is called a booking process. This is the time when they will take your mug shots and fingerprinting. From this point forward, you will be in the system because you were arrested. After a 6 hour period, they will have bail hearing to determine what your status will be. Depending on what type of past criminal history you have had will determine what your bail amount will be.

Once you have seen a judge and set your bail, you will then have to call someone to help you pull the money together. If you don’t have enough money, you have the option to visit a bail bondsman in order to have them loan you the money. Remember that none of this process can happen until after the 6 hour wait. This is the very minimum that they will make you wait in a jail cell to sober up. There is always a chance that they will force you to wait longer because they feel that you are still not capable of making decisions for yourself.

After you have gotten out of jail, you will be assigned a court date that will be mandatory attendance. You will be required to stay in the city until your court date when they will hear your case. If this was your first PI then you will probably be required to do community service with no jail time requirement.

If you are in need of a jail release or PI criminal defense lawyer, contact Attorneys and Lawyers for You at http://www.attorneysandlawyers4you.com to find a lawyer near you.

Joseph Devine

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Filed Under: bail bonds, Getting Arrested Tagged With: arrest, jail, public intoxication

How Do Bail Bonds Work?

September 11, 2008 By Maricopa County Court Leave a Comment

By Damian Sofsian

The posting of a bail bond is a contractual undertaking guaranteed by a bail agent and an individual posting bail. This bail agent provides a guarantee to the court that the defendant will appear in court each and every time he or she is summoned by the judge.

A relative or a family friend contacts the bail agent, before the defendant is released, to arrange for the posting of a bail. The bail agent gets a percentage of the amount decided by the judge for that particular defendant. By signing the agreement with the bail agent regarding posting the bail, the defendant or the co-signer, who might be a relative or a family friend, must provide a guarantee that the bail amount will definitely be paid in full if the defendant fails to appear at the summons. After an agreement is signed, the bail agent posts a bond for the amount of the bail, to guarantee the defendant’s return to court.

Some bail agents prefer to have the defendant or the co-signer arrange for a collateral. Even if the collateral is not requested by the agent, the minimum criteria is that the co-signer must have a steady income, and must either own or rent a home in the same area as the defendant for some period of time. If the bail agent or the co-signer is unable to locate the defendant, the cosigner is immediately responsible for the full amount of the bail. After the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

If the defendant cannot raise the entire amount of the bail, then the court might allow a situation in which the defendant pays a percentage of the amount directly to the local jail or court. But this is not a common practice in most courts.

Defendants also have the option of arranging for their bail through a bail bondsman. However, this involves the defendant providing a collateral to the bail bondsman. The bail bondsman or bail bond company representative will then guarantee to pay the court if the defendant fails to appear for trial, by posting a surety bail bond power of attorney with the jail or court. After the defendant has completed all court appearances and the case is closed, the bail bond will be dissolved and any collateral given to the bail bondsman will be returned to the defendant shortly thereafter.

A co-signer always has the responsibility to ensure that the defendant appears in court as and when required. The co-signer must know the whereabouts of the defendant at all times and must immediately notify the bail bondsman if the defendant has moved. Since the co-signer’s collateral is at risk if the defendant fails to show up as summoned, it is advised to be cautious when it comes to keeping an eye on the defendant. [http://www.bailbonds-web.com]Bail Bonds provides detailed information about bail bonds, bail bond companies, bail bond license, and more. Bail Bonds is affiliated with [http://www.i-criminalrecords.com]Free Criminal Records.

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Filed Under: bail bonds, Getting Arrested Tagged With: maricopa county bail bond, maricopa county jail, phoenix bail bonds, scottsdale bail bonds

Bail Bonds – How Are They Determined

September 10, 2008 By Maricopa County Court Leave a Comment

By Ivar Rudi

When people who have been accused of committing a crime are arrested and taken to jail, they will go in front of a judge to determine whether or not they are eligible for bail bonds to allow them to be released. It is an insurance to the court, that defendants will return for their trial. Many factors help the judge to order what monetary amount he will attach to bail bonds. The following paragraphs will discuss how the amounts are determined.

One factor the judge considers when ordering the amount is the severity of the crime. The defendants are accused of committing a violent crime, he may decide not to grant bail, or set the amount of it very high. Setting the amount very high helps ensure the court that these defendants will return to court, to stand trial for the charges. If the crime is non-violent, and the judge feels the defendants are not a threat to themselves or society, they might set the amounts lower. The severity of the charged crime is an extremely important factor when setting the amounts.

Next, the judge normally considers the defendants’ prior criminal histories when setting bail bonds amounts for charged defendants. If defendants have no past criminal history, he is more likely to set lower amounts. If the defendants indeed have a past criminal history, the bail bonds amounts are likely to be set higher, if he grants bail at all.

Finally, the judge will commonly determine whether or not he thinks the defendants will be a flight risk before setting the amounts. Being a flight risk means that he has reason to believe the defendants will flee authorities, and fail to appear for scheduled court hearings pertaining to their case. If he views defendants as a flight risk, he may set very high amounts, to help ensure the defendants will show up in court again. If the defendants fail to appear in court after meeting requirements, there may be required to forfeit the money they put up for their bail bonds, to get them out of jail. But on the other hand, if the judge does not view the defendants as a flight risk, he may be more willing to set the amounts lower for the accused.

When a person has not been accused of a violent crime, and they are not viewed as a flight risk, they can be released on their own recognizance. This simply means they will be released from jail without any bail being required, on just their signature, and promise they will return for trial.

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