How to Bail Someone Out of Jail: 8 Bail Methods
If you know someone who has committed a criminal offence, they may be forced to be held in police custody for a specified amount of time. Depending on how they will be released into the community thereafter, a hearing may immediately be heard to discuss bail. This process involves another key individual of the legal process, known as a surety.
In essence, the surety is someone who pays a court-issued amount in order to get the accused out of police custody. The procedure of how to bail someone out of jail is much more meticulous. In order for a surety to carry out their job effectively, there a number of tips to become acquainted with first.
Here are eight tips for bailing someone out of jail:
1. Bail Bond Structure
First, there is a lot more to bail than just a set amount of money that must be paid off by a surety. The set amount of money works by first allowing a person to leave jail under specified circumstances. This is important, especially as it relates to the accused being able to have the time allotted to work on a defence.
In addition, once bail is posted, the person in question will be able to get their affairs in order. If they end up serving jail time, the time provided via a bail bond allows them to take of their spouse or children. No two criminal offences are alike; posting bail may be more beneficial to an accused than most realize.
2. Cash Bond
Although bailing someone out of jail is an ideal option for some, it is not the only one. In fact, if the accused individual has the financial viability to do it, a cash bond may get them out of jail faster. This may be more beneficial in the long run, as a surety may not be necessary to the subsequent legal process.
Cash bonds work by having the accused pay the full amount of the bail in cash. In some instances, they may be more expensive than using a surety, however. Whatever the case may be, needing a third party to post bail may not always be compulsory.
3. Legal Representation
Above all else, your job as a surety isn’t done once the person in question has been released. Being able to receive the help of a criminal lawyer is crucial, especially in regards to building an effective defence. This also accelerates the chances of the accused being able to get out on bail sooner.
The legal process can be very longwinded, especially for third parties on the outside looking in. As a surety, just make sure you are aware of all rules pertaining to bailing someone out, for a much easier navigation.
4. Surety Requirements
An accused individual’s surety can’t just be anyone. For example, having another convicted person trying to post bail simply won’t work. There are a number of prerequisites that must be fulfilled first, in order to facilitate the process of bailing someone out.
A surety must first be over the age of twenty-one in most areas, and have no criminal record. They must also be able to prove to the relevant legal parties that they will watch over the accused in a proper manner. Finally, being able to pay a set amount of money, in the event that the accused breaches their bail, must be promised.
5. Plan Of Action
This requirement warrants its own separate detailed explanation, as it is one of the more important obligations. If you are posting bail for someone, you have to be able to prove to the respective legal party that you will supervise the accused after their release. Should you be unable to do this, you will most likely not be considered as a responsible surety.
6. Personal Information
It may seem obvious, but a surety must be able to prove that they know certain pieces of information pertaining to the accused. For example, they must know their full name and the full amount of bail to be posted.
7. Collateral
All bail bonds come with their own set of rules and obligations. In some circumstances, a surety may have to put some assets up for collateral, in order to post bail. These assets are valuable material possessions that are pledged, in order to secure the release of the accused person.
Items that could be used as collateral range, but many individuals use their vehicles or jewellery to satisfy the requirement. For others, stocks or bank account information may be put up for collateral as well. The more meaningful the item, the more successful the surety may be.
8. Paperwork Obligations
For the most part, as a surety, you will be asked to sign some form of paperwork. These legal documents will form the basis of a contract, tying you to the accused person as the party who posted their bail. Be careful, for if there is a breach in contract, you will be held responsible.
