The law provides that an accused person ought to be assumed innocent up to the time when they are proven guilty. In most cases, instead of spending time in custody pending your trial, the judge will allow you to be released. For the release to happen the judge will need a guarantee that one will avail themselves during the hearing and this is achieved through bail bonds.
There are a variety of bail bonds some of which include property bonds, cash bails, and signature bonds among others. The judge sets the bail bonds during a bail hearing session where the defendants and other relevant parties present information pertinent to the bail hearing. For bail bonds such as the security bond and the property bond, the judge has to assess the defendant’s financial power before setting the bail bond. A defendant can have another person, called a surety, posting his or her bail wherefore the judge has to assess the surety’s financial power.
A surety has to be present together with the defendant during the bail hearing so that they can both be informed about their obligations. Bails can be revoked or forfeited in the event that the defendant has violated the conditions of his release, or has failed to attend subsequent hearings. This means that it is necessary for the surety to be certain that the accused will honor the terms of the bond.
The set bail can be a signature bond, a cash bail, a property bond, or a corporate bond. A cash bail involves money, and it can be paid with a money order, a cashier’s check, or a certified cheque. The money is refundable once the conditions of the bail have been met and it is thus necessary to keep the payment receipt. Additionally, it is important for the one posting the cash bail to fill out all the necessary tax forms.
Signature bonds are in such a way that a defendant will only need to sign some forms so as to be released. In order for an accused person to avoid the bail cancelation, he or she should observe all the terms of the bond.
Corporate surety bonds are the type of bonds where the defendant or Surety has to pay a proportion of the bail as security and this payment is not refundable upon return of the bail. Property bonds are other type of bonds set to serve as security. In the case of property bonds, the judge has to check details of the property relating to value and ownership and other claims associated with the property.
Following the observation of the bail conditions, you ought to consult your lawyer to understand how to get your bail returned.