Bail Bonds are a part of our legal system that allows a defendant (a person accused of committing a crime) to be released from custody so they can continue their lives while they are working through the court system which in some cases can be up to 3 years.
Bail Bonds are a sum of money that is posted by or on behalf of a defendant to guarantee their appearance in court. The right to bail is guaranteed to you by the Eighth Amendment of the Constitution of the United States (prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment.)
A number of jurisdictions use bond schedules to establish the monetary amount of bonds for criminal defendants. The use of a secured bail schedule to detain a person after arrest, without a hearing on the merits that meets the requirements of the Fourteenth Amendment regarding the person’s indigence and the sufficiency of the bail setting, is unconstitutional as applied to the indigent. Without such a hearing, no person may, consistent with the Fourteenth Amendment, continue to be held in custody after an arrest because the person is too poor to deposit a monetary sum set by a bail schedule. If the government offers release from custody after an arrest upon the deposit of money pursuant to a bail schedule, it cannot deny release from custody to a person, without a hearing regarding the person’s indigence and the sufficiency of the bail setting, because the person is unable to deposit the amount specified by the schedule. See Pugh v. Rainwater, 572 F.2d 1053 (5th Cir. 1978); Bearden v. Georgia, 461 U.S. 660 (1983); and State v. Blake, 642 So. 2d 959 (Ala. 1994).
Because of previous court cases such as these, if bond is not made in the first 24 hours, the defendant will see a judge who will set bond based on whether the defendant is employed and has the ability to pay, whether the defendant is a flight risk based on contacts to the community or other factors, or whether the defendant poses any risk to the community. This process is called First appearance court, or PP court.
When you post bail either with cash or surety (Bondsman) it is likened to buying an insurance policy with the court. This form of insurance states you will show up to court or any bonds you posted or collateral deposited will be seized.
By paying for bond it allows a defendant to continue on with their daily lives while any court procedings or trials are being held.
Sometimes the initial trial may not start for a year. Not being able to post bail can be stressful for a family. Mercy Bail Bonds and some other bail bond companies offer payment plans to accommodate those in need.