Bail vs. Bond
The words “bail” and “bond” are often synonymous when talking about jail release. However, they are different. Bail is the amount a defendant pays to be released from jail. A bond is placed on a defendant’s behalf in the amount of bail, typically by a bail bond company, to secure his or her release. Bail is not designed to be a punishment; it is a simple way of ensuring a defendant will follow certain conditions and come back to court. Bail is like collateral to ensure the defendant will be present for the other parts of the case. The amount may be lost if the defendant fails to appear or violates the conditions of the release. So, while they are similar to each other, they are not the same thing.
The courts look at several conditions when measuring the amount of bail and the type of bond to be provided by the defendant. The judge will consider and conduct themselves upon the following criteria:
First, the amount of bail shall not be unjust
When a person is charged with a transgression punishable by fine only, the amount of bail shall not exceed the amount of the maximum penalty. Although there are many, one variable in determining bail amounts is the defendant’s current employment status and history. Directly related to that is his present financial condition. Bail cannot be set at an amount that would be oppressive. This is why you may see high bail amounts that scare many people away from looking at them as an option.
Family is important
They are a vital support system, which is why the nature and extent of these relationships can weigh heavily on the court decision. The identity of persons who agree to help you in attending court at the proper time and endorse a positive character reference and reputation play a part in that decision. As well, the current and former households can influence the court’s final decision by knowing if defendant has strong ties to the community and is not likely to flee the jurisdiction.
The defendant’s criminal record
Probably most obviously, the defendant’s prior criminal record plays an extensive part in determining the bail bond amount, along with the current offense charged, the probability of conviction, and the likely sentence. This could be if the defendant has previously been released pending trial, and whether he appeared as required. Prior actions can help you or hurt you in this process.
What sets us apart from other bail bond companies is our experience and our compassion. Of course, our clients come to Dennis Blackwell Bail Bonds to get out of jail faster but at the same time, we understand that many who reach out to us have no previous experience with bail bonds. We will help you through the process and maintain the utmost discretion with your case. Contact us now at Dennis Blackwell Bail Bonds and let us know how we can help. We are here 24/7 for you and if you prefer to call, we can be reached at 719-390-3930.
A bail bond agent, or bondsman, is any person or corporation that will act as a surety and accept pledges of money or property as bail for the appearance of persons accused in court. Although banks, insurance companies and other similar institutions are usually the sureties on other types of contracts, such individuals or companies are hesitant to put their depositors’ or policyholders’ funds at the risk typically involved in posting a bail bond. Bail bond agents on the other hand, are usually in the business to cater to criminal defendants, often securing their customers’ release in just a few hours.
Colorado law considers several components a judge must review when determining the bail amount. Some factors include the severity of the crime the defendant is accused of, past criminal history, employment status, financial circumstances and the defendant’s family dynamics.
A surety bond can be secured from a bail bondsman to obtain the defendant’s release from jail. The bail bond agency will generally charge a non-refundable fee of the bail amount for its assistance and will post the entire amount to the court. The bail bond amount will be returned to the agency in full once the defendant appears in court.
Once the defendant’s bail is placed they may be released from jail. If they are being held in a city jail, discharge may take place within 15 minutes to 2 hours. However, because county court is more heavily occupied, release may take up to 8 hours.
In addition to a percentage fee, the bail bond company may also request that the defendant arrange further collateral, usually valued at the full bond amount. If the defendant fails to appear in court, the bond is forfeited and property may be seized, along with other valuables including bank accounts, cars, houses and jewelry.
If you ever need bail bonds Colorado Springs or bail bonds Pueblo CO we have you covered! Our Dennis Blackwell team is always available! Contact us today!
When a loved one goes to jail it is difficult to deal with. There is no straight forward way to try and deal with a situation like this. Each situation is different and provides different struggles for the family and others involved. Dealing with the legal system can be chaotic and turn everyday into a frenzied mess.
Here at Dennis Blackwell Bail Bonds we understand how hard a time like this can be for someone and their family. We wanted to try and take some of the stress off people dealing with having a loved one in prison. Since our founding in 1992 our business has been designed to make one aspect of this legal process, obtaining bail bonds, as easy as possible. Every facet of our business is designed for convenience for our clients, so that they can avoid some of the difficulties they will encounter. Our team is specialized in each of the key areas regarding bail bonds: writing bail bonds, bail enforcement, and providing bail bonds. With our staff being specially trained in each area, we implement a streamlined, straight forward process to obtaining bail bonds. On top of that we are open 24/7, providing 24 hour bail bonds. This means that we work around your schedule! Also, we have a location right near the county jail, so that you don’t have to go across town to get what you need. Even our website is built with this convenience in mind, as we have many different resources like an inmate search and a court dates resource!
If you or a loved one are ever in the need of bail bonds call us today! We are dedicated bondsman in Colorado Springs who provide bail bonds Pueblo CO. Don’t wait! If you need bail bonds act today!
Bail is a security, that may or may not include monetary conditions, deposited with the court by a defendant as a guarantee he or she will be present for all of their court proceedings during pretrial release. Except for murder and certain violent crimes, most defendants charged with a crime are eligible for bail, allowing them to avoid being detained while waiting for trial and other court dates.
Changes in Bail Bonds In Colorado
In 2013, the Colorado legislature enacted new laws concerning a pretrial system that moves away from the use of money for bail and towards individual determinations and the use of evidence-based predictors. The shift in bail bond rules is due in part to research that the use of secured money bonds does not add to court appearance or public safety rates. With research, data, and analytics allowing for the development of pretrial risk assessment tools that better predict successful pretrial release, the move from a “gut instinct” based bail setting system to a scientific and objective based system furthers the criminal justice system’s goals of increasing public safety and reducing crime.
Through research and data, the development of the Colorado Pretrial Assessment Tool (CPAT) provides guidance to judges for setting bail by identifying which defendants are most likely to be a threat to public safety or fail to appear for a court date during the pretrial period. CPAT takes into account twelve factors identified as the most statistically significant in predicting an individual’s success on pretrial release.
The 2013 change in laws about bail bonds in Colorado allows for a more equitable determination of bail, reducing the unnecessary detainment of a defendant because he or she may not have the financial resources to meet a monetary bail condition. By looking at the individual defendant’s overall situation and applying the CPAT, courts may avoid unnecessary pretrial detainment, which is beneficial to the system overall.
For more information from a trusted, experienced, and respected bail bond agent, Dennis Blackwell Bail Bonds is available 24 hours a day to answer your questions at (719) 390-3930.
Before you think about skipping bail and heading for the hills, there’s a few things you should be aware of. First off, bail jumping is a serious offense that can result in a number of actions, as well as legal and financial consequences.
But first, let’s define what this evasive act is. Bail jumping is the act a person who is released on bail commits when they fail to appear for their court date with the intent of avoiding a trial, possible conviction, and sentence.
When someone jumps bail, they have committed two acts. The first is defying a court order. The second is a breach of contract with the bail bonds company used to secure their bail. In the first instance the court can issue a warrant for their arrest, file a contempt of court charge, and tack on additional charges. The additional legal consequences depend on many factors, including the nature of the charges, prior convictions, prior court appearances, and stability in the community. The DMV can also suspend the defendant’s license until the warrant is cleared.
Regarding the contract breach, bail money or assets used as collateral to secure someone’s release will be forfeited. Or, in other words, if you’ve co-signed and put up bail money or a car as collateral for a loved one, you could lose that money or property if the defendant is not brought back to court or into custody within a certain amount of time. There are other financial costs you may be liable for if you put up bail for someone that jumps. Those costs include expenses incurred by the bail bonds company as a result of bail jumping, such as investigation fees to find the defendant, attorney fees, and other expenses incurred by the bail bond agent.
Bail jumping is a serious offense with serious consequences. Missing a court date for a legitimate reason or a mix-up with court dates that results in a missed court appearance is one thing, and can usually be remedied with some communication with the bail bonds agent and court, additional paperwork, and explanations. Missing a court date with the intent of avoiding trial, convictions, and sentencing is another, more critical, matter. Make sure you, if facing a bail situation, or your loved one, if you are putting up the bail, understand the consequences involved with the act of jumping bail.
For more information from a trusted, experienced, and respected bail bonds company, Dennis Blackwell Bail Bonds is available 24 hours a day to answer your questions at (719) 390-3930.