3 Terms Related to Bail and Bail Bonds

1. Arraignment

Arraignment refers to court proceedings in which your charges are fully explained to you. First, the courts will advise you of your constitutional rights, such as the right to a public defender if you can't afford one. Once your rights have been explained, the courts also inform you of all the charges that you face.

Next, you enter a plea with your attorney's help, but you have one of three choices: guilty, not guilty, or no contest. If you plead guilty to a small crime, you may be immediately sentenced, but for bigger crimes, you'll have to have a separate sentencing hearing. If you plead no contest, the courts treat it the same as a guilty plea. If you plead not guilty, it means a prosecutor must prove the case against you.

In many cases, arraignment also involves pretrial release. By posting bail, you agree to return for your trial. In addition, the courts may impose release conditions, such as avoiding alcohol. Breaking any of these conditions may result in the court revoking your bail.

2. Surety Bond

A surety bond is a type of loan designed to protect the lender. As a result, it involves three parties: the surety, the principal, and the obligee. With surety bonds, the surety promises the principal will meet certain obligations to the obligee. When it comes to bail, surety loans come in the form of bail bonds via a bail bond agent. The bail bond agent is the surety, the court is the obligee, and you are the principal.

When you take out a bail bond, the bail bond agent pays the court the entire bail amount, but you only have to pay a fee of a percentage of the total cost of bail. While bail is refundable after your hearing, the fee is not refundable.

In addition to paying your bail, the bail bond agent guarantees you will attend your trial. If you do not attend your trial, thanks to the surety loan forfeiture rules, the court is allowed to keep the bail bond agent's money. At this point, they may recover the money from you.

3. Bench Warrant

If you don't attend your hearing, a bench warrant may be issued. A bench warrant is different than an arrest warrant in a few ways. First, it is only used for people who are supposed to be in court but skipped or missed their hearing. Second, a bench warrant is initiated by the judge, but an arrest warrant is initiated by officers. Once officers have the bench warrant, however, they can treat it as an arrest warrant.

A bench warrant can also be issued if you broke the conditions of your bail or other factors have been discovered. Similarly, if the bail bond agent changes their mind, the bail money is returned and a bench warrant is issued.

If you have a surety bond with a bail bond agent, not only will a warrant be issued, but the bail bond agent may send someone to find you so they can recoup their money. If you are arrested on a bench warrant, your bail may be revoked, and it may be harder to get bail in the future.

If you or a loved one has been arrested, bail is usually an option, but posting bail can be hard, especially if you have little to no collateral. If you would like to learn more or if you need a bail bond, contact us at Don's Bail Bonds today.