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Any time a person is arrested they are entitled to a bail hearing. This hearing will determine the amount of money, if any, that must be paid upfront for a person to be released before their trial. The eighth amendment of the U.S. Constitution states that “excessive bail shall not be required” for a person to garner their own release, so the question of what constitutes “excessive” often arises when a person goes to trial. There is not a set monetary amount that is considered extreme, but if a person feels they are being unfairly burdened by their bail amount there are legal recourses they can take.

Constitutional Rights

The eighth amendment was a part of the original U.S. Bill of Rights that was drafted in 1791, and it guarantees protection against excessive bail. A certain monetary amount was not provided for any specific crime, so the idea of what constitutes a disproportionate bail amount is very subjective. A fair bail amount is one that is considered reasonably sufficient to ensure a person does not flee prior to their trial. These amounts can often seem high without being excessive, but in these cases bail bond agents can provide the necessary funding to garner a person’s release.

The Right to Bail

Many people who are unfamiliar with constitutional law may assume that the eighth amendment guarantees a person bail. This is not accurate. The Constitution only provides that a bail amount cannot be more extreme than necessary to ensure a person’s return to trial. People charged with capital crimes, a crime punishable by life imprisonment or death, may be denied bail altogether. It is believed that no bail amount could ensure that certain people will return to trial when facing such extreme consequences. In these cases a judge may deny bail outright, thus guaranteeing the accused will sit in jail until their court date.

There are some instances when a bail amount may seem excessive, yet still be fully constitutional. A person of limited means may be given a $10,000 bail amount which is considered sufficient to ensure their return. However, a person who makes millions of dollars a year may not be sufficiently convinced to appear by paying that same amount. So even if these two defendant’s commit the same serious crime, the richer of the two may be given a bail amount far exceeding $10,000. Bail is meant to ensure the defendant’s presence at trial, and if an extremely high amount is deemed necessary then it is considered legal.

Legal Recourse to Excessive Bail

There are instances when higher courts may feel that a set bail amount is unwarranted. If a judge sets a bail amount that is either disproportionate to the crime, or more than necessary to ensure the accused returns for trial, then a defendant must take action. If the accused or their bail bond agent believes that bail is too much in a certain case, then they must notify a person’s attorney. A lawyer can make a motion in open court requesting that a bail amount be lowered. If this is unsuccessful then the attorney may appeal directly to a higher court.

Appellate courts do not always agree with a lower court’s decision. In the 1951 case of Stack v. Boyle, the U.S. Supreme Court found that a $50,000 bail amount was unwarranted to ensure that members of the Communist Party returned for their trials. The persons accused actually made a motion in court to reduce their bail and then appealed to another court when their motion was denied. Their appeal was also denied which led to the case being heard by the Supreme Court. This shows that local courts cannot always be trusted to enforce the Constitution. When this is the case it is important for the lawyer of the accused to work toward a lower bail amount to ensure their client’s rights.

Excessive bail is constitutionally illegal within the United States. There are instances when a person may feel their bail amount is unwarranted, but this doesn’t mean the legal system agrees. A particularly high bail amount should never just be accepted if it is superfluous. There are instances in American judicial history where excessive bail was set and overturned by other courts. Whether bail is set too high or not is often subjective, but anyone who feels that they are being unnecessarily burdened by their bail amount should try their best to remedy the situation legally. 

Anyone can be affected by the legal system in America. Even minor charges can land a person in jail from time to time. The Constitution protects people accused of crimes, by ensuring that a bail amount cannot be excessive for the alleged crime committed. Securing bail is the quickest way to get out of jail, but freedom isn’t the only benefit that comes with getting out on bail.

Working on Your Defense

When a person plans on fighting a charge against them, they need time to prepare their defense. This is not a simple job from the confines of a jail cell. A person cannot travel to find witnesses or collect evidence if they are in jail. Posting someone’s bail ensures that they can prepare themselves for what could be a lengthy trial.

Keeping a Job

Unfortunately for many people their jobs will not wait for them if they miss work due to being arrested. The days missed can be numerous if a person doesn’t post bail soon after it is set. Even if they don’t get fired from their job they might lose several days’ worth of pay, which can equate to thousands of dollars lost while waiting for trial. Bail bond agencies can usually post bail for someone within hours, ensuring they miss absolutely no work.

Avoiding Arrest Altogether

Most people think that they would have to actually be arrested for a bail amount to be set. This is not always the case. Several charges have a preset bail amount that a person can pay and not even be arrested. Bail bond agencies can also run a warrant check for you and post the preset bail amount if a warrant is found.

Taking Care of Your Family

Anyone that has a family knows taking care of it is a full time job. Being confined in a jail cell takes away from the time a person needs for family duties. Even a few days away from a person’s family can be detrimental. Having bail posted as soon as a bail amount is set can get a person back to their family in just a few hours.

Confidentiality

Having bail posted soon after, or even before being incarcerated will ensure that a minimal number of people know about the situation. A person who has bail posted quickly may not miss any work, social events or any other event where their absence would be noticed. Bail bondsmen can quickly post bail without your having to come up with a substantial amount of cash. This can make the whole release process go even faster.

Securing bail after being arrested is the most important thing a person can do to get their life back to a semblance of normal. Face bail amounts can be extremely high without actually being considered “excessive.” Luckily there are bail bond companies that will post bail for a person for only 10% of the actual bail amount. They also have payment plans, which helps to level the playing field so most anyone can get out of jail once a court has set a bail amount.

Nobody ever plans to be arrested or have a warrant out for their arrest, but it happens to millions of people every year. If a warrant has been issued for your arrest there are a few things you should know in order to protect your rights and spend as little time in jail as possible. Police are allowed to arrest a person without a warrant under several special circumstances (such as the officer witnessing the crime) – otherwise a warrant must be issued for your arrest.  Knowing how to work through the system will make the process more painless.

Posting Bail on Outstanding Warrant

Luckily for some of the accused, certain warrants have predetermined bail amounts assigned to them. This means that you can post bail to the courthouse without ever having to spend a day in jail. Serious felony charges will likely not have this option, and some warrants actually state “No Bail” on them. If you are able to post bail, however, there are a two ways to go about it.

Bail Bond for Warrant

A bail bond is the option that most people take to avoid arrest on an outstanding warrant. Contact Bail Hotline and we will do the research and determine the status of your warrant and all the options open to you.  If bail can be posted on your warrant, then we will post a surety bond to ensure your continued freedom. An upfront fee of 10% of the actual bail amount is required for this service.  After the bond is posted, your warrant will be recalled and a date set for your appearance in court.

Cash Bond for Warrant

Turning yourself in to law enforcement can be a harrowing experience, especially when you are unsure of the outcome. Call the court, giving your case number or name and date of birth to determine which options apply to the warrant.  In certain specific cases you can “Post and Forfeit” the warrant; after paying the full bail, the warrant is recalled and the case is closed.

Bail can be posted with cash, credit card or a check. The courts hold onto this money until a trial has completely concluded, at which point the bail amount may be returned, less court costs and expenses. Statistically, cases where bail is paid with cash incur higher court fees – essentially, if you show you have lots of cash the court will not hesitate to charge you full price for all expenses incurred (such as a portion of any public defender costs).

If Bail Can’t Be Posted on Warrant

If there is no predetermined bail set for your outstanding warrant there are a few options to consider. As the accused you can always turn yourself in to law enforcement. At this point you may be released on your own recognizance, or you will remain in jail until hearing whether you are eligible for bail. Unfortunately bail itself is not a constitutional right, but freedom from excessive bail is a right.

You also have the right to request a hearing by being put on the walk-in warrant calendar. In some cases this is not an option due to the fact that the court may put a “no court surrender” order on the warrant. In this case it is best to just turn yourself in to police. If this order hasn’t been put onto your warrant then you can show up where your original case was supposed to be heard, and ask to be put on the hearing docket of the day. If bail is set during this hearing, then once again you can post it by paying cash or contacting a bail bondsman.

There may come a point in your life where you have to worry about getting yourself or a loved one out of jail. Sometimes this can be caused by a simple accident or a false arrest, but either way no one wants to have to wait for trial inside of a jail cell.

 Once a judge sets a bond amount for a defendant it is possible to secure their release, by either paying the entire amount up front (cash bond) or contacting a bail bondsman to put the money up (surety bond). There is a huge difference between these two methods, and everyone should know what they are before deciding to post bond.

Initial Payment

The initial amount that needs to be paid to secure someone’s bond differs greatly between a cash bond and a surety bond. If an individual decides to bail someone out with a cash bond, they will have to provide the entire face amount of bail demanded by the court before an inmate can leave. For instance, if a judge sets a defendant’s bail at $50,000, the entire amount must be paid up front, and then the inmate will be released. This money is then held as collateral until the completion of trial. 

A surety bond works differently and is the more usual road taken to bailing someone out of jail. Most people do not have the available funds to post a cash bond – and even if they do, there is no telling how long their money will be held up before the case is over. A bail bondsman can provide a surety bond to have the inmate released, for a mere fee of ten percent of the total bail amount. So in the case of a $50,000 bond, whomever is signing the bond must pay $5,000 up front. This fee is non-refundable once the bond has been posted, but no other money has to be exchanged or kept in limbo during the course of the trial.

What are the Risks?

There are inherent risks in securing someone’s bond. There is always the chance that a defendant may decide to go on the run, and not return to court. Unfortunately the risk of this is almost identical between cash bonds and surety bonds. If an inmate goes on the lam, and never returns, then the person who signed off on the bail bond is liable for the full bond amount. If a cash bond was put forward the courts will forfeit bail and keep this money.

If a surety bond was posted and the defendant takes flight, then the bail bondsman’s first course of action is to locate the defendant and bring them back in front of the judge; accomplished with either the help of the co-signer, or the employment of a fugitive recovery agent (aka bounty hunter).  If unsuccessful, the bail agent may sue for the bond amount or take whatever collateral an indemnitor (co-signer of a bond) provided to reimburse them for their lost bond.

Bounty hunters are trained professionals, so they have a far better chance of getting someone back into custody than a normal citizen. If a bail bondsman takes this action, the indemnitor is liable for the cost but if the bounty hunter is successful in bringing the defendant back to justice then that may be all the indemnitor is liable for. Since bounty hunters have a far better chance of tracking down a fugitive who doesn’t want to be caught, a surety bond provides additional security when signing off on someone’s bond.

There are stark contrasts between cash bonds and security bonds. The choice of which bond to secure is really a personal one. If a person has enough money to secure a cash bond, will not suffer by that bond being held for an extended amount of time, and trusts the person they are providing bond for then a cash bond is certainly an alternative. For most people, surety bonds are a safer and cheaper course of action; statistically speaking, higher fines and court fees are assessed with cash bail since there is an inherent “ability to pay” assumed.

If you have been charged with a crime and the judge let you post bond, your freedom is something you want to make certain you don’t lose. The judge could have required you to stay in jail until your case was heard, which can sometimes take months or even over a year depending on the seriousness of the charge. It is important to keep your cool while you are out on bail, to help with your case and to keep your freedom. The consequences of getting into trouble while out on bail are very serious.

Bad Behavior Consequences

If you act out while you are out on bail, the judge may revoke your bail. This means that you may have to spend the remaining time in jail, while you wait for your trial or the next court hearing. Rather than being able to spend time with friends, family and romantic partners, now you will have to be behind bars and have every movement monitored and controlled by the jail and its agents.

Even if the judge does not revoke your bail, you may still face other consequences. The judge or jury will know about the bail being revoked and this may influence their opinion of you regarding your current charges. This could mean that you could get convicted of a crime that you didn’t even commit because you made a bad impression on the jury. Not to mention the criminal record this kind of action will establish; if there is a next time, the fact that you did not abide by your bail conditions may prevent you getting bail in the future, or at least raise the bail face amount.

Activities to Avoid

While you want to avoid all criminal activity and stay on the straight and narrow while you are out on bail, there are particular types of activities that you should definitely avoid. First, don’t go back and perform any type of criminal behavior for which the charges are currently pending. For example, if you are being charged with possession of a controlled substance, and you get caught being in possession while you are out on bail, it will be hard for the jury to believe you weren’t guilty of the first charge. You should also avoid any violent crimes while you are out on bail. Additionally, you should avoid any association with felons, steer clear of weapons or anyone who owns or carries one.  Closely follow your stipulated bail conditions, which may include abstaining from alcohol – and if someone throws a beer can in your trash barrel and an officer of the court drops by, you could be handcuffed and on your way back to jail in a New York minute.

Leaving the Area

Sometimes the judge will order that you stay within a designated area while your charges are pending. Do not get caught crossing that line or the judge may revoke your bail, thinking that you are trying to take flight. Perceiving you as a flight risk is one big reason why a judge may deny you bail in the future.

Tips for Staying Out of Trouble

It is important to be on your best behavior and to get through your time before court appearances without getting into any more trouble. Here are a few steps that you can take:

1. Avoid hanging out with certain friends or family members that may influence you to do wrong.
2. Avoid drugs or alcohol that may impair your judgment.
3. Try to work or attend school during the time that you are waiting for court. This will make you look better for the judge and jury and will help fill some of your free time.

Avoid hanging out with people that anger you and may cause you to get into altercations.

At some point in our lives we all have known someone who has been to jail. Unfortunately, this sometimes can include our personal friends or family members. Nobody wants to see a loved one behind bars, and they will often do whatever they can to get that person out of jail quickly. One of the fastest ways to get someone out of jail is to get a bail bond for him or her. Bail bonds require the signature of someone other than the suspect, but a co-signer should know the facts behind this method of release before engaging in it.

What is an Indemnitor

A person who co-signs a bail bond is known as an indemnitor. Bail bondsmen can secure the release of prisoners through a promise to the courts that the bond will be fully paid if a suspect doesn’t show up for court. When co-signing for a bail bond a fee equal to 10% of the bond amount must be paid to the bail bondsman, but this is not where the indemnitor’s liabilities end.

Responsibilities of the Indemnitor
When an individual signs off on a bail bond, they have taken full responsibility for the suspect. An indemnitor is guaranteeing the bail bondsman that the suspect will show up for every court date they are assigned, until all court proceedings stemming from the charge have concluded. This can occur if charges are dropped, sentences are deferred, the accused is sentenced, or if the accused is returned to jail.

Risks for the Co-Signer
There are substantial risks to co-signing a bail bond. The 10% fee is not a risk the indemnitor is taking, due to the fact that the bail bondsman has earned this fee once the bond is posted. The indemnitor must also sign an agreement stating that if the suspect absconds from justice, they are liable for the full bond. This often requires pledging actual property (collateral), to ensure the bail bondsman will get their money they have pledged by way of a surety bond. If a suspect makes all court dates then this agreement is cancelled and only the 10% fee is incurred.

If a suspect absconds (flees), it is in the best interest of the indemnitor to get them back to court. Even if the suspect misses a few court dates the indemnitor is liable for failure to appear fees. These fees increase the longer a person is missing. If the time allotted by the court expires, then the bond may be forfeited and the indemnitor can be liable for the full bond; and may very well lose their pledged collateral.

In the end it is up to each individual to decide whether or not they feel comfortable co-signing a bail bond. Bail bonds will get an imprisoned inmate out of jail quickly, but they do carry risks for the indemnitor. Knowing all of the facts and rules of bail bonds is essential before undertaking this responsibility.

Most of us think of bounty hunters as characters from “old west” films or TV show “reality stars.” The truth is that these “bail enforcement” or “fugitive recovery” agents are, in fact, an integral part of the modern day bail industry.  Bail bond agencies rely on these folks to find and apprehend those who have fled from their responsibilities to appear, per the surety bonds that have been posted on their behalf.

The Profession

A bounty hunter can be described as a person who tracks down someone, or something, for money.  The bounty is the reward paid to them for performing this public service. Even today, bounty hunters still track down people who skip bail or fail to appear for court dates. Also known as bail skipping, failure to appear to a court date is a criminal offense, and in the U.S. it is a common occurrence. It is reported that 25% of all felony defendants fail to show up at their trial, so the bounty hunters have plenty to keep them busy. In fact, it is estimated that bounty hunters are responsible for returning 99% of criminal defendants who do skip bail in the United States.

Bounty Hunting Laws – Pros and Cons

Bounty hunters have very few limitations they have to adhere to in terms of state laws, and there has been debate about the lack of regulations that govern them. In most cases, they are not subject to any civil liability if they cause injury to a fugitive while capturing them.

Many critics state that the legal privileges extended to the bounty hunters nowadays are unwarranted, and some even go as far as saying that bounty hunting should be outlawed altogether. Critics have also stated that bounty hunters often use questionable and even violent methods to capture bail skippers, and that this goes against the administration of justice defined in the constitution.

On the other hand, defenders of bounty hunters feel that they serve a crucial role in the criminal justice system, and they should not be forced to follow regulations that will impede them from carrying out their duties.  Criminal defendants do have rights that should be protected, but most physical altercations come about because of their reluctance to surrender, when found.

Screen Adaptation vs. Reality

The careers of bounty hunters have been adapted into television series and movies that have been box office hits. Among the most notable films about bounty hunting was released in 2010 and directed by Andy Tennant. “The Bounty Hunter,” played by Gerard Butler, learns that his next mission is to capture his ex-wife, played by Jennifer Aniston. This interesting predicament leads them into an exciting, albeit romantic adventure.  And of course everyone is familiar with the TV legend, “Dog” Chapman, and his antics and extreme measures played out on screen.  When he chased a fugitive into Mexico, Dog found out his “character” wasn’t immune when he was arrested.  Though he was then released on his own recognizance, he chose to leave the country (into the U.S.) and was subsequently extradited to stand trial – clearly a “reality check.”

The truth is that bounty hunters do face a lot of dangerous situations that cannot be cut and retaken in the next shoot. They also have to rely on sharp instincts, investigative prowess and tact in facing every situation – since there is no script to read from. In some cases they find themselves in life-threatening situations, far from the dramatic made-for-movie scenes on the big screen. Bounty hunters are a necessary evil in society and, regardless of the points their critics make, they do render a valuable service.