According to statutory provision, when a suspect is arrested, he or she is deemed innocent until he or she is proven guilty, then shall such innocence be discharged. Notwithstanding, the said individual will be remanded in prison while the prosecution moves on normally.
Unfortunately, as it is, the criminal justice system is like a moving chameleon. The process is extremely slow and takes too long to resolve. Thus, to remain free while awaiting court appearance, the accuse person has the right to post a bail. The right of the accused to exercise his bail rights according to law is what is being referred to as “bail to avoid jail!”
While there is no controversy regarding the presumption of innocence, the government, nonetheless, is obligated to ensure that persons charged with violations of public laws will show up in court. This fact underlines the main reason of posting a bail—to affirm that the defendant or the accuse person will be represented in person during proceedings at the court.
Once an arrest has been affected, the accused person is free to tender any of the followings that will enable him to avoid jail:
This process is done to make sure the accused is present in court each time the case is mentioned. For this reason, the amount is raised high enough to achieve its original purpose. Nonetheless, the constitutional provisions of the 8th Amendment prohibit anybody from establishing or eliciting an excessive amount. In theory, this method cannot serve as a yardstick for the government to rake in money nor can it be employed as a means of punishing the defendant. Therefore, the intended amount must be reasonable and fair enough to serve its main purpose, which is to secure the presence of the accuse regularly in court at every given seating.
Upon conclusion of the case without missing any appearance, bail bonds in Orlando will be refunded back to the accused person. It was just an assurance that he or she will always be present at the hearing of the case each time it’s called, and that he or she, during this time, will not do anything that will further violate the law. If it happens that the accused or defendant missed a court appearance, the court can exercise its discretion to issue a warrant for his or her arrest, while the money can be kept by the court.
Different cities and counties have their own way of scheduling the bail process in making the defendant to know and understand the standard bail amount for each particular crime. Once you have the required amount needed, you can be set free as a defendant. Therefore, the first thing for you to do once you have been arrested, is to ask for the bail schedule so that you can know the right amount to pay and get freed after payment.
Take note that, if you were unable to visit a judge immediately after your arrest, it means you will have to cool off in jail for a while. You just might be lucky though if the crime committed falls under the class that have a set amount, meaning if you have cash with you at that moment, you can pay the amount right at the Sheriff Department to avoid going to jail. It must be noted that jail officers have no right to change the amount stated in the schedule, so you are only obliged to pay what is required of you.
Bail bonds are financial instruments used by people who don’t have enough cash to post the total amount of bail. The payment is normally undertaken by a bonding company who make the payment to the court on behalf of the defendant to ensure that he will appear in court as at when needed. Normally, the defendant will pay at least, 10 or 20% of the total amount depending on the nature of crime committed.
This payment you are making is for the company’s services being rendered on your behalf, and so would not be refunded to you compare to the bail amount. For instance, if the value of your bail is set at $55,000, it means you will have to pay $5,500 to the bail bondsman company in order for you to avoid jail. In some cases, you might be asked to tender a collateral.
In a situation in which you have provided a collateral, you will also be compare to transfer your right in the property so that the company can cash on the interest in the event that you defaulted by failing to appear in court.
There are reasons under which the amount payable on the bond can be reduced. These include job, elderly care, medical expenses, school and such other good reasons. But, it is advisable that you should prepare all the money that you can afford for the bail bond in Orlando before directing your attorney to ask for a reduction. Just be sure you have something you can tender as your bail.
You can get out of jail quickly even without money through the following means.
By collateral: in the event that you failed to raise the required cash to pay off the total amount, a collateral that have a higher value than the bail amount may become acceptable to the judge handling the case. Real or estate properties constitute good collaterals that can get you, your son or daughter out of jail.
ROR’d: If you didn’t have the necessary cash or collateral to secure your bail out of jail, you or any defendant can still be release based on your own recognizance (ROR’d). This entails the defendant signing a pledge and committing himself to appearing in court whenever needed. The request is made to the judge during the first appearance in court, and once it is granted, it immediately comes into effect.
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