TV crime shows often show the defendant standing in front of a judge, hands cuffed behind his back, the judge slams his gavel and roars, and “Bail is set at $100,000.” The defendant looks over at the lawyer with a look on his face of despair; he was wondering how he can raise that huge amount of money. Cut to the next scene; the defendant is in a bar having a beer with his friends. You know that a bail bond in Santa Rosa has been arranged for the temporary freedom of the person charged with the crime.
When a person is arrested for a serious crime, he will be jailed and then brought up in front of a judge. The judge will be briefed on the circumstances and any background information of the individual. Based on the information at his disposal, the judge will determine how much bail will be set. Bail is that amount of money that will be exchanged for the release of the defendant. The court holds this money in escrow until the trial and all proceedings have been completed. If the defendant does not appear in court on the appointed day and hour, the Bail bond Santa Rosa will be relinquished to the court.
Depending on the number of cases in the judge’s court, the trial may not start for many months. Without bail, the accused would remain in jail, even those that are truly innocent of the crime. At the very least, remaining in jail until the trial starts will be a financial hardship on the accused and his family as he will be denied the right to work and earn a living.
The bail process:
Upon arrest, the person is advised of the crime is being accused of committing, read his rights and taken to a police station where he is booked. During the booking process, the suspect’s background is checked, he is fingerprinted and has his mug-shot taken and he is relieved of all personal property. The property is recorded as inventory and will be returned when the suspect has been released. After the booking process, the individual is placed in a jail cell.
If the offense is serious, the suspect will have to go before a judge, at this hearing the judge determines if the defendant is eligible for bail and if so, how much. The amount set depends on the severity of the crime and the criminal history, if any, of the accused.
Types of bail:
There are a number of different ways to post bail, the two most common are cash and a surety Bail bond Santa Rosa.
A bail bond is purchased from a bondsman when the accused cannot afford to pay cash. The bondsman is backed by a form of insurance that pledges to pay the amount in full if the accused does not appear in court. For this service, the bail bondsman charges a fee, usually 10% of the value of the bond.