What is a Surety Bond?
A surety bond is basically an insurance policy given by a bail bondsman or an insurance company. If a defendant applies for a surety bond, then a certain percentage of the total amount will be first released, as premium. This amount is non refundable. The amount is usually 10% of the bond, but some surety companies follow different percentages.
There are three parties involved in a surety bond. First is the defendant known as the principle, second is the government or the arresting agency known as oblige and the third party is the bondsman known as the surety.
If you are arrested for any crime, then you will be taken to a district court as soon as possible. For the time duration of your arrest and till the date of your hearing at the district court, you can be released from the jail on bail. You get bail on a promise or bond that you will appear in court at the time of your hearing without fail. If you (the defendant) do not show on the particular date, then the bondsman is personally liable.
There are many rules in consideration of the surety bond. If you are applying for a surety bond, then you should be completely aware about these rules. Some of them are mentioned below for your benefit:-
- Type of bail –
There are three different types of bail you can apply for. It is important to know your position and your case to understand which type of bail will get you out of the jail.
When a police officer brings you in a police station for any crime, you can walk out of jail with or without any sureties. This type of bail is known as station bail. Walking out of the jail for free completely depends upon your personal status and your criminal record in past.
If you are first timer and have a clean record or are brought in for a minor crime, then the officer might let you walk out for free with a promise to show up in the district court on the specified date.
Once you are in the district court for your hearing, you can apply for a bail with or without a surety. If the judge grants you bail, then you have to pay at least 1/3rd of the bail amount and also promise to show up for hearing. This type of bail is known as district bail.
When a defendant is charged for high level crimes like murder, treason, war crimes, etc, he has to be presented in front of the high court. If you have committed an offence which falls out the allotted crimes in the district court, then you have to apply for a high court bail.
- Considerations –
Your bail will be granted on many considerations. For examples –
- Likely to flee out the country
- Serious offense in past
- Caught red handed
- Chances of intervening with witness
There are many other considerations, which are give importance to before granting the bail. You can get surety bonds San Diego CA in case you need a bail for yourself or loved ones.