Sometimes, we have a friend or relative who might get into trouble with the law. Sometimes, that someone is ourselves. Being in trouble with the law we might be arrested. Getting arrested can be a terrifying experience. This is especially true if this is our first time being arrested.
Being in trouble with the law and getting arrested might mean we need to post bail. Posting bail is an often-misunderstood process. However, this process can be simplified by a clear explanation of the different types of bail that can be requested by the judge. The judge can release a defendant on his or her own recognizance. When released on our own recognizance, we are essentially telling the judge we will be back for all our court appearances.
Sometimes, the court will require a bail be set. This bail could be as high as one million dollars. The amount of bail is usually set by the states. This is to say that for each crime committed in a state, that state has predefined bail set for these crimes. However, the judge might sway a little from the predefined bail amounts set by the state.
This swaying from the predefined setting of bail per crime could mean the judge is showing lenience, or maybe even that the defendant is a possible flight risk. In cases that the defendant is a possible flight risk, the judge might not allow bail at all. When the judge does not allow bail, the defendant is detained in custody until all court appearances have been completed.
There are many ways one can post bail for their friend or loved one. There are ways we can post bail for ourselves, as well. Posting bail for a friend or loved one could mean getting a surety bond. A surety bond is a bond that states the bond holder will see to it that the defendant attends all required court appearances. In the case where the defendant misses the court hearing and there is a surety bond posted, the bond holder can apprehend the defendant for the police.
A surety bond is posted by a bond holder. The person wanting to bail out his or her friend or loved one often gives a percentage of the bail to the bond holder. This is a surety. The bond holder will often ask for about ten percent of the bail. So, if the bail is set at one hundred thousand dollars, the person bailing out the defendant will need to come up with ten thousand dollars bail bond posting Minnesota.
Usually, the bond holder will not give the retainer back to the person who posted the bail. This retainer is how the bond holder will make a profit in posting the remaining bail for the defendant. There are some states that do not allow a bond company to make a profit on posting bond for someone. In these states a person will usually need to pay the court a percentage of the bail.