Why do we need to post bail? Why don’t they just turn him loose? Why is the bail so high? These are questions bail agents are frequently asked when someone is in jail. Bail agents have no control over how bail is set, if it is set or how much bail is set. That is entirely up to the presiding judge. What is a presiding judge – simply the judge who has control of the defendant’s case during any given hearing? That may be or not be the judge who will ultimately hear the case and render a final decision.
The presiding judge takes the information given to them by law enforcement through the prosecutor and listens to what the defense attorney presents and makes the best decision they can, with the information they have before them. The judge can set the defendant free because they don’t believe there is enough evidence presented to bring the charges presented. On the other extreme, the judge can order the defendant held without bail because the judge believes the defendant is a danger to himself and/or the community. Usually the judge does something in between. If the judge decides the defendant imposes no risk to the community and will show up for court, the judge will possibly release them, but if the judge believes there is a chance they won’t show for court, the defendant will need to post bail.
The amount of bail that is set is dependent on the charge and the penalty the defendant faces because of the charge and what it will take to insure the defendant appears for court. It cannot be used as a penalty against the defendant. Obviously a defendant facing twenty years in prison is going to have a much higher bail than a defendant facing only a fine. The bottom line is that the judge will make the determination as to whether the defendant is allowed to post bail and if so, how much bail will be required.
A bail agent’s job is to arrange the release of the defendant by guaranteeing the court that the defendant will appear for each and every court date required by the court. So, a bail agent gets paid to make sure the defendant goes back to court. If the defendant does not go back to court, the agent must do what it takes to get them back in court or back in jail. If they cannot do one of those within the prescribed period of time, they have to pay the face amount of the bail bond.
We hope we have helped you with this information. If you need a bail bond today for someone that you care about, please contact an agent and let us help you! #msbonding