How Do Bail Bonds Work?

by | Oct 9, 2014 | Law

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Bail is an amount of money that the court sets for a person that has been arrested and charged with a crime to gain temporary freedom. In some cases the amount of the bond is set by law, in other cases the amount is determined by a judge. In either case the amount of the bail bonds in Minnesota is variable as it is dependent upon the crime. Getting bail is not automatic nor is the amount of the bond, if a judge feels the defendant is a flight risk bond may either be denied or set so high as to be difficult to afford. Minor crimes often allow the defendant to gain his or her release on personal recognizance but bail in the amount of $10,000 and up is not rare by any imagination. When the accused appears in court in accordance with the schedule, the bond is returned minus an amount which is held back for judicial expenses. If a person who is accused of a crime cannot raise the bail money from personal resources there are only two alternatives; approach a bail bond company to post bail on behalf of the accused or stay in jail until the conclusion of the trial.

The companies that grant bail bonds in Minnesota work closely with the courts. If a defendant in a criminal case posts bail using a bondsman, the bondsman has the right to re-arrest the defendant in the event he does not show up in court as demanded. This waiver of rights is some type of insurance that the defendant will appear in court, if he or she skips bail the bond is forfeited.

Even thought the bondsman has the right to re-arrest the individual the 10 percent fee for the bond is not nearly enough to compensate for the forfeited amount, to further support the bond the bondsman will usually demand collateral in the form of valuables which can include the property of the accused as well as cars, jewelry, stocks and bonds, etc. The collateral must be of sufficient value to compensate the bondsman in the event he suffers a loss in the event of a skip.

When the person on bail does not appear in court this is called a “skip.” This is the single biggest risk that a company offering bail bonds in Minnesota has. If the defendant does not show the money is taken by the court and held in escrow for a period of time, perhaps one to two years. If after this time has elapsed the bondsman cannot produce the defendant the cash is lost permanently.

If you have been arrested and charged with a crime you will want to arrange for your release. If you or your family cannot raise bail then you will have to turn to a company that offers bail bonds in Minnesota. You are welcome to contact Liberty Bail Bonds any time of the night or day.

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