Getting a call from a correctional facility is typically a nerve-wracking experience. Hearing the voice of a loved one on the other end of the phone can make people worry about what happened and what might happen in the near future.
Most people have heard horror stories about the mental health strain that incarceration causes, as well as stories about people in state custody abusing one another. Especially in scenarios where the arrested individual is a teenager or young adult, their family members who learn about their arrest are often eager to get them out of state custody as quickly as possible.
Freeing a loved one after their arrest typically requires that people on the outside post bail or bond. What does that process generally require?
The courts determine the amount of bail
A bail bond is essentially a financial deposit paid to guarantee that the defendant returns to court for criminal proceedings. Judges hearing criminal indictments at preliminary hearings set bail amounts based on the level of threat represented by the defendant and how likely they are to flee to avoid judicial proceedings.
Judges can release people on personal recognizance, also known as personal bond, where there is reason to believe that they intend to appear in court for the next hearing. People feeling concerned about someone in state custody can potentially use liquid capital or their own resources to post bail. People can even use their homes as surety.
Other times, they may not have the capital on hand to deposit funds for bail. In such cases, they may need to work with a professional. A bonding company can post a surety bond. It is very similar to the bail process. The difference is that the professional typically demands a 10% fee for their services.
In Collin County, family members trying to secure the release of a defendant typically post bail or bond at the Sheriff’s Office. The paying party receives those funds back after the defendant appears in court for their trial. They may lose the assets used to post bail if the defendant flees or does not appear in court.
Navigating bail procedures can be challenging for those with limited experience with the criminal justice system. Family members often rely on criminal defense attorneys to help them with the process of posting bail. Especially in juvenile criminal cases, taking immediate action to secure the release of an arrested individual is often the best option available.