When you get that call in the middle of the night and find out a friend or family member is in jail, your first thought is likely full of panic. They are asking you to help bail them out and calling a bail bondsman can seem intimidating when you are unsure how the process works.
Bail Bonds Companies examine your case and help you secure a bond as fast as possible. That is why they are usually open to serve you 24/7.
Of course first thing is first, you are arrested and need a bail bonds to come get you out.
The arresting officer takes the person to jail where he or she is ‘booked’ for their particular offense. In a criminal matter, the defendant should consult with an attorney. Many attorneys offer a free consultation. The public defender is appointed to those who can not afford a private attorney. At the first court appearance called the arraignment, the defendant is asked if he/she can afford an attorney. If the answer is no, the court appoints a public defender. Common Sense Rules: If you’ve bailed someone out of jail and know they are going to JUMP- please call us immediately, so that your financial responsibilities are lessened or removed. If you or the defendant has moved, please keep your bail company updated. One of the benefits of posting bail is the ability to be free and to conduct one’s affairs as usual. Unless instructed by the court, the defendant is free as long as he/she appears before the court, as directed.
What Happens next? Your are booked in but don’t worry a good bail bonds company will have your back:
1. Sometimes a defendant is released and no charges are filed.
2. The defendant is released on his/her own recognizance (O.R), however, the person must make all court appearance or there will be a warrant issued and the process begins again.
3. The defendant is released on bail bond.No bail is set and the defendant must remain in jail until he/she goes to court.
4. No bail is set and the defendant must remain in jail until he/she goes to court.
Now for the big question; What is a bail bonds company and what do they do?
The bail agent is the person who posts your negotiated bond with the jail and obtains
The Eighth Amendment to the United States Constitution prohibits excessive bail. The amount of bail should not be more than what is reasonably necessary to keep the arrestee from fleeing before trial. In practice, however, judges often set very high bail for drug, rape, or murder cases. This acts as preventative detention, and keeps the arrestee in jail until a verdict is reached.
Art. 17.026. ELECTRONIC FILING OF BAIL BOND. In any manner permitted by the county in which the bond is written, a bail bond may be filed electronically with the court, judge, magistrate, or other officer taking the bond.
Added by Acts 2015, 84th Leg., R.S., Ch. September 1, 2015.
Art. 17.03. PERSONAL BOND. (a) Except as provided by Subsection (b) of this article, a magistrate may, in the magistrate’s discretion, release the defendant on his personal bond without sureties or other security.
( b) Only the court before whom the case is pending may release on personal bond a defendant who:
( 1) is charged with an offense under the following sections of the Penal Code:
( A) Section 19.03 (Capital Murder);.
( B) Section 20.04 (Aggravated Kidnapping);.
( C) Section 22.021 (Aggravated Sexual Assault);.
( D) Section 22.03 (Deadly Assault on Law Enforcement or Corrections Officer, Member or Employee of Board of Pardons and Paroles, or Court Participant);.
( E) Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual);.
( F) Section 29.03 (Aggravated Robbery);.
( G) Section 30.02 (Burglary);.
( H) Section 71.02 (Engaging in Organized Criminal Activity);.
( I) Section 21.02 (Continuous Sexual Abuse of Young Child or Children); or.
( J) Section 20A.03 (Continuous Trafficking of Persons);.
( 2) is charged with a felony under Chapter 481, Health and Safety Code, or Section 485.033, Health and Safety Code, punishable by imprisonment for a minimum term or by a maximum fine that is more than a minimum term or maximum fine for a first degree felony; or.
( 3) does not submit to testing for the presence of a controlled substance in the defendant’s body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant’s body.
Law refrence by Justica : http://law.justia.com/codes/arizona/2005/title20/00340-03.html