What is a Bail Bond and how we help Idaho?
Explore the interesting world of bail bonds as well as the history surrounding them. Also see how they help so many people get back to their life while being able to work and provide for their family. Idaho Bonding Company is in the bail bond business because we see the benefit to others from our service and we love what we do.
Crime will always be an issue in any part of the country where many people live, especially high population cities. The criminal justice system has evolved to take up these issues and how they have changed. One thing that has stayed constant in areas that have safer communities are bail bonds. They are instruments that help keep people accountable for their actions and are paramount in people returning for court. No other system has been as fair to not only the accused but also the community. Other modes of bail such as non commercial bail or no cash bail states and the people that live there have suffered from attempting to change an already fair and proven system.
In 1789 congress not only introduced the United States Bill of Rights but also passed the Judiciary Act of 1789. This landmark legislation not only defined which types of crimes were bailable but also established clear parameters for a judge's discretion when setting bail. This act was a crucial step in shaping the foundation of the U.S. legal system and ensuring fairness and consistency in the administration of justice. It reflects the commitment of the founding fathers to uphold the principles of due process and the protection of individual rights.
A bail bond today is very much the same principal and is one important key to instilling law and order in communities across the United States. Bonds are financial guarantees made by a bail bond agency or bail bond agent also known as a bondsman on behalf of a defendant. It is insurance to the court that the defendant will appear for their scheduled court dates. When a person is charged with a crime, posting a bond with the court is a way to be released. It is a way to continue with life while awaiting court proceedings and trial.
If the charge is a misdemeanor, someone can post bond immediately in most cases without having to see the judge first. There are exceptions to this such as a misdemeanor probation violation. In that case the probation officer has a lot of say in how things proceed including your release or access to bail.
A felony warrant that a judge has already set a bond amount for can also be posted immediately unless it is a new charge. In this instance you will always have to see the judge to be arraigned on the new charge and hopefully have a bond set. The judge always has the option to hold someone and not permit bail until a future court hearing.
The judge always takes into account a person’s living, work and financial status. The argument that bail bonds are unfair to the poor class of individuals is absolutely ridiculous. We have seen many of the same homeless people in and out of jail constantly with the judges setting one to ten dollar bonds each time. This argument is most likely stemming from a crowd that weren’t raised to take responsibility for their actions.
There are a few types of bail that can be posted with the court and the judge sets forth those options. They have authority to choose which methods to secure a return to court are sufficient. Property, cash, release on your own recognizance or bonding out through a professional agency like Idaho Bonding Company are some options.
With a property bond a friend or family member puts up their property with the county as collateral. If you go to all the court dates then the property is released. If the defendant absconds and isn’t found in a certain amount of time then the property is forfeited and sold to cover the bond amount.
Cash can be given directly to the jail corresponding to the bond amount that is set. This is why so many people turn to bail bondsmen in Boise to help due to a lot of people not being able to put up the full amount. This option can also have fees due to the court taken out or other government expenses taken out before being returned to the depositor.
Releasing on your own recognizance is the best possible outcome. This is where the judge acknowledges that the defendant has a very high likelihood of returning to court and willfully answering to charges. This can include living in the area for a long time as well as steady work history in the area. Where all of their family lives and criminal history among many other things will also play a role here.
Bail bonds are one of the other options to secure the release of a friend or loved one from the Boise and Ada County Jail. If the defendant or their family cannot afford the bail amount, they may seek the services of a bail bond agent. The bail bondsman provides the bail amount to the court on behalf of the defendant, allowing their release. In exchange for posting bail, the defendant or their family pays the bail bondsman premium on the policy, typically 10% of the total bail amount. This fee is non-refundable, even if the case is dismissed after the defendant is released. There are also other fees such as a jail fee which the county charges a bondsman to post the bond.
The bail bondsman may also require collateral, such as property from the defendant or their family to cover the risk of the defendant not appearing in court. If the defendant fails to appear and doesn’t appear in front of the judge within 180 days the collateral is forfeited. The bondsman can cash in the collateral to recover the bail amount or use it to pay for expenses relating to the capture of the defendant. This can include travel, recovery agents, miles, hours and other items as set forth in the agreements made when the bond was posted.
Idaho Bonding Company doesn’t require collateral for most bonds. A qualified indemnitor that signs for the bond amount is enough security most of the time. This is especially true if they are a family member or someone very close with our client. This person can be called if a defendant misses court and is ultimately responsible to pay for the bond if the person out on bail doesn’t return in time to have the bond exonerated. A qualified cosigner must have solid work history as well as good credit. This also helps if the defendant takes off as most people with good credit and a legitimate background will definitely want to find absconder. Usually a lot of money is on the line that everyone involved doesn’t want to lose.
There are many things a bounty hunter or bail agent can do to make sure a client returns to jail after skipping court. This can include crossing state lines to arrest the individual or entering that person’s home. Fugitive recovery agents have a lot more arrest and search authority than police officers. This is due to the contracts that those on bond and their cosigner agrees to.There are many other tactics and methods we use that aren’t going to be mentioned in this post.
It is never a good idea to run from accusations or charges, that just creates a larger problem. The situation doesn’t go away and we will always find the person we are looking for. Bail bonds have the highest appearance rate as well as resolved cases. This is compared to pretrial release or states that have banned bail bond companies or that only offer bail bonds directly through the jail. Bail bond agencies also save the taxpayer a lot of money that would have been spent on searching for wanted fugitives and transporting them.
In summary, a bail bond is a financial arrangement to secure a defendant's release from jail, with various obligations and risks for the defendant, their family, and the bail bondsman. Studies show that it is the most effective way to make sure that people return to their court dates as well as keep the community safer. Surety bonds through a bondsman keep people held accountable. A difference can be noticed in the quality of a community when traveling from a state that uses bail bonds and those that don’t. The latter being places that are overrun with crime and individuals not answering for themselves. Time has shown over and over again that it is the only system that bolsters law and order. Remember, laws and regulations regarding bail bonds can vary, so it's important to consult with a legal professional or a bail bonds service for specific guidance in Idaho.
Idaho Bonding Company LLC
