Defendants who don’t show up in court after posting bail risk arrest, wage garnishment, and liens on collateral. Judges decide whether to release defendants on secured or unsecured bonds. Bail bond companies ensure the full amount is paid if a defendant leaves town. Judges consider various factors when releasing a defendant on unsecured bail. Bail waivers occur if a defendant is convicted or declared innocent, charges are dismissed, or a deferred program is granted. Judges consider the type of crime, violence, defendant’s ties to the community, and safety of the community when deciding on bail.
Defendants who fail to appear in court after posting bail risk arrest, wage garnishment, and a lien on property or other assets used as collateral. A judge commonly issues a no-show warrant which is entered into law enforcement databases. If the fugitive is pulled over by the police, they are usually arrested and remanded to the jurisdiction where the charges were originally filed. Co-signers who provide bonds with a bond company risk losing assets if they sign a contract promising that the defendant will appear in court.
Bonds represent an agreement to appear in court on a scheduled date. Judges determine whether to release a defendant from custody on an unsecured or secured bond. A secured bond means that the defendant sends an upfront cash deposit, usually 10% of the total bond amount. If the defendant makes all court appearances, the bond is usually released and returned, less court costs. In cases where a defendant does not return to court, the deposit is withheld and the full amount becomes due.
Unsecured appearance bail is commonly referred to as the release of a suspect upon his or her own knowledge. The judge sets the amount of bail, but does not require money or collateral as a condition of bail. Unsecured bail typically applies to misdemeanors and defendants not considered flight risks.
Bail bonds companies, also called surety companies, work with the courts to ensure that the full bail amount is paid if a defendant leaves town. The defendant or cosigner typically pays the company a non-refundable percentage of the bond for its services. Bond companies usually require some type of security, such as a home or vehicle, for substantial amounts of bail as an incentive for the defendant to appear in court.
Bail waivers typically occur when a defendant is convicted or declared innocent of the charge. Bonds may also be waived if the charges are dismissed or a deferred program is granted that does not incur fees for the defendant. All court dates must be met, and all court costs paid before judges usually release a bond.
When releasing a defendant without or on unsecured bail, judges usually consider a number of factors. They assess the type of crime and whether violence has occurred. Judges also look at the defendant’s ties to the community, employment history, and the likelihood of the defendant appearing in court. The safety of the community or specific victims often affects decisions about the types of bail allowed.
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