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Learn About Bail

What Is Bail?

Bail is the means by which the U.S.criminal justice system permits the release of a defendant from custody while ensuring his appearance at all required court proceedings. 

The Historical Value

The practice of bail is the legacy of Angelo-Saxon jurisprudence. Defendants were delivered to their sureties, who gave security for their appearance. Bail bonds were initially put up by people who pledged their own property as security for the bond.

The Bail Process

When a person is arrested on probable cause, he or she is incarcerated and booked into a detention facility. Their bail is then determined by a preset bail schedule or a judge prior to their arraignment. A bail agent is contacted, and they can arrange to post the defendant’s bail; this is when the defendant is released. The bail agent charges the defendant a premium (usually 10% of the bond) for assuming the risk of their autonomy. If the defendant fails to appear, the court declares the bond forfeited and the bail agent usually has an opportunity to recover the defendant. If the defendant is not found and fails to resurface, the bail agent is then responsible for the full cost of the bail bond.

The Importance of Bail Agents

In most states, bail is regarded as a form of insurance. For this reason, bail agents are licensed and regulated like any other insurance provider. They are subject to certain basic qualifications, including licensing and continued education, and most states require bail agents to be appointed by an admitted bail insurance company. In addition, some states require that the bail bondsman be certified by a bail insurance company with a ”qualified power of attorney”. This grants limited authority to the agent for the execution of bonds.

Bail agents perform a valuable public service to law enforcement as well as to those accused. The Bail Clause of the Eighth Amendment embodies the longstanding Anglo-American tradition of favoring the pretrial release of accused people. This frees up already overly crowded jail space and permits defendants to participate more fully in their own defense.

The pretrial release of over 2 million defendants is made possible each year by bail agents, backed by the financial resources of surety companies. This all happens at no expense to taxpayers. By providing assurances to the state that the people charged with crimes will appear in court as scheduled, bail agents contribute an extraordinarily beneficial addition to the entire justice system.

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You can depend on Astro Bail Bonds to be there when you need us most. Our clients are family to us, and no one wants to see their family in jail!

We are available anytime to help you out of these unexpected situations.

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