Bail Bond Reduction
When charged with a crime, defendants may remain at a local jail while awaiting trial. However, defendants charged with minor crimes are likely to appear in court and may be released from jail without posting a bail (“Release on One’s Own Recognizance”), but they still must attend trial and face the consequences if they plead guilty or are convicted. A magistrate or court sets the amount of the bail bond for criminal defendants. A bail bond is a written guarantee, signed by the defendant, that a fixed amount of money will be paid to the court if he or she fails to appear in court on time on the days that his or her case is set for hearings, motions, or other dispositions. Bail bondsmen and bail bonding companies hold licenses and are supervised by the courts. Still, defendants must secure bail bonds from bail bondsmen under stressful, difficult circumstances: They have just been arrested and charged.
Most criminal defendants lack the money and resources to pay the bond and thus hire a bail bond company to guarantee the bail bond. Moreover, if an individual wishes to pay for the bond personally, he or she will be required to prove at a source hearing that the money for the bond came from legal and legitimate sources. Since several days may pass before the court sets and holds a source hearing, most defendants enter an agreement with the bail bondsmen, which allows them to get out of jail while awaiting trial.
Bail bond companies may charge 10% of the amount of the bail, and they charge other minor fees as well. Know this: You can negotiate with bail bondsmen to reduce their fee and your bond. They may reduce the amount substantially, particularly if the defendant has relatives or friends who have collateral and agree to pay the bond if the defendant does not appear in court. Often, several bond companies will vie for business, and they often will negotiate. Do not be afraid to ask or negotiate.
When the police start to ask questions, the police will not let you leave, or you are arrested, talk to a criminal defense lawyer. Your answers and statements to the police may provide the evidence to convict you, and your lawyer can help you in other ways as well. If arrested and the bond is set too high, a lawyer can file motions to reduce it. Like most matters in the legal world, bail bond reduction does not happen overnight. There are processes and procedures.
If you are in trouble with the law, know that you have rights and legal remedies. If you are charged with a crime or are under investigation for a crime, talk to a lawyer. For more information, contact Nashville Criminal Defense Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.