Facing criminal charges can be overwhelming, especially if you are unfamiliar with how the process works. One thing you may have questions about is the bond process. Unfortunately, many are unable to afford the amount set by the courts, leaving them wondering about the alternate options. This is where bail bonds come in. If you’ve been charged with a crime and want to learn more about bonds, keep reading. The following blog will also explore why you must have a Cobb County criminal defense lawyer during this complex process.
How Is Bail Determined?
When charged with a crime, you will be taken into police custody and booked. However, you will also have bail determined by a judge. Bail is often a monetary amount determined by the judge assigned to your case as collateral for your conditional release from custody. In order to be released pending trial, you will pay the bail on the condition that you appear for all of your scheduled court dates.
Upon the completion of your trial, regardless of whether or not you are found guilty, the bail you paid will be returned to you. However, if you do not go to your court dates, you will not have your bail returned. It’s also possible you will face additional penalties for failure to appear.
Generally, a judge will set bail depending on the unique circumstances of your case. This includes the nature of the alleged crime committed, any aggravating factors, if you are a flight risk or risk to your community, and whether or not you have any prior arrests.
What Are Bail Bonds?
In some instances, criminal defendants may be unable to afford the bail amount set for their case. As such, they assume their only option is to remain in custody. However, they may enlist the assistance of a third party to post bail on their behalf. This is often a bail bond agency.
These businesses will require the criminal defendant or a family member acting on their behalf to pay a premium. This is generally 10% of the bail ordered by the court. Once this is paid, a bail bondsman will pay the court the bail on the defendant’s behalf.
If a criminal defendant does not appear for their scheduled court dates, the bail company will not receive the funds posted on their behalf back, and they will be responsible for repaying the funds on top of the non-refundable premium.
Why Do I Need an Attorney?
When you are facing criminal charges, it’s essential to enlist the assistance of an experienced attorney as soon as possible. Not only can they help represent you during your trial, but they can also help with any bail issues you may experience.
The United States Constitution protects against excessive bail, and a lawyer can help file a motion to reduce bail if they believe the amount ordered for your case is unfair.
At the Miller Law Practice, our dedicated legal team can help you during the entirety of your criminal case, from arrest to the moment the verdict is issued. Contact us today to learn how we will fight for you during these difficult times.