Being arrested and locked up in jail can be a horrifying experience. When arrested, the suspect is taken into custody and booked and taken to jail or a detention facility to wait for the court date when the trial will commence. The booking process involves recording the defendant’s details, including personal information and details about the offense committed. During this detention period, the defendant is allowed to call someone who can help facilitate their release from jail, for example, by applying for bail bonds in Memphis Tennessee. You should know your rights to bail if arrested in Memphis.
Prior to the court date, the defendant is often taken to his or her bail hearing for the judge to read the charges and set the appropriate bail amount. Therefore, you have a right to a bail hearing to allow the judge to the appropriate bail to guarantee your return to court for your trial. The judge follows the due process to determine whether or not the defendant is entitled to bail. So, you should understand that while you’re entitled to bail, the decision of left to the discretion of the judge. He or she can decide whether or not to grant you bail depending on your circumstances. For instance, if the judge determines that you’re a flight risk, he or she may deny you bail.
However, while a bail hearing is meant to the bail amount, a defendant may not afford the set bail amount. In that case, he will remain in jail until the final court date or when he can raise bail money through friends, family or bail bondsman. If the bail money is raised via a bail bonds company, the defendant is expected to pay the agreed bail bond premium.
As the defendant or co-signer, you should hire a professional bail bond agent or bondsman to help speed up your jail release process. A professional bondsman is experienced in criminal proceedings. However, to get help from a bondsman, the defendant’s cosigner has to provide the bondsman with the defendant’s personal details, including the booking number and the location of the arrest. The bail bondsman needs this information to begin the paperwork and agreement concerning the bail bond to be issued. Posting the bail bond allows the defendant to be released from jail to attend to other personal and professional matters in day-to-day life. Upon depositing the bail money, the bondsman has a duty to ensure the defendant shows up to court on the specified court date for his or her hearing.
The defendant’s consigner pays the bond premium, which is often a percentage of the total bail amount, and signs over collateral to act as security in the event that the defendant decides to jump bail. The collateral can be in the form of property, jewelry, car or stocks/shares. Skipping bail without a proper reason can also lead to the forfeiture of the bail amount and the defendant’s warrant of arrest.
So, when you’re arrested for a criminal offense, you’re taken in custody and booked at a county jail. You’re to remain in detention until you have paid the set bail amount. Remember that you have a right to bail. While the bail amount is set by the judge and you have a right to bail if arrested, he or she can deny you bail depending on your personal and flight risk profile.
