Everybody makes mistakes at one point in time or another. Unfortunately, sometimes a mistake on the part of a loved one can land him in trouble with the law. When a close friend or family member is arrested for committing a crime, he may end up turning to you for help in getting him out of prison following his arraignment. If this happens, then it’s important for you to know what steps you can take to help him out while protecting your own interests at the same time.
What role can you play in helping someone you know get out of jail? When a person is arrested and charged with a crime, he is entitled to a trial to determine whether or not he is actually guilty. However, since many local courts are understaffed and overburdened, your loved one’s trial date could end up being scheduled for weeks or months after his initial arrest.
Since in many cases it would be unjust to keep a person in prison for that long a time period while awaiting trial, a judge is allowed to release someone charged with a crime provided that she has some type of reassurance that the accused will show back up for trial. To accomplish this, a judge will mandate that the person charged with a crime post bail in an amount that will usually vary based on the nature of the crime. If the accused then shows up for court like he’s supposed to, he’ll be eligible to receive his bail money back; but if he decides to skip town, then he runs the risk of forfeiting that sum in its entirety.
While this process might sound simple enough, you should know that posting bail is oftentimes much easier said than done. When a judge imposes bail, the amount that a person will have to fork over is likely to be rather considerable. Since the purpose is to motivate him to return to court as scheduled, a judge will usually try to come up with an amount that is reasonable given the circumstances of the case, but that could also be financially crippling if it were to be forfeited.
The problem, therefore, is that sometimes, a person will not have access to the kind of money needed to post bail following his arraignment. If a loved one happens to find himself in this situation, then he’ll really only have two choices – sit in prison until his trial arrives, or turn to someone in his life for help. This is where you can step in.
Even if you don’t have access to the kind of money necessary to get your loved one out of prison, you can still help him out by going to a bail bondsman. In exchange for a fee, a bail bondsman will work with the court to get your loved one out of jail so that he can await his trial in a more comfortable setting. While a bail bondsman does provide an important service, the decision to work with a bail bondsman on behalf of someone else is not one that should be taken lightly.
Don McKay of Rockville, Maryland’s McKay Bail Bonds is a firm believer that people should have all the facts about how bail bondsmen work before getting involved with them. If you’re asked to work with a bail bondsman to get someone you know out of prison, then be sure to pose the following questions first:
How much will I have to pay?
Usually, a bail bondsman will require ten percent of the total amount of the bail as a down payment. If the bail amount exceeds a certain threshold, then you may need to involve an additional cosigner in the process.
Should I work with you on behalf of the person arrested?
This is a personal decision that a bail bondsman can’t necessarily help you make. There are financial risks involved in helping a loved one post bail, and only you can determine whether you trust that person in your life to do the right thing by appearing at trial.
What happens if the person I’m signing for doesn’t show up for court?
Although a good bail bondsman will do everything in his power to help you avoid this type of situation, sometimes, these things can happen. If your loved one fails to appear at trial, then you could end up being responsible for the entire amount of the bond.
Clearly, there are some risks and sacrifices involved in working with a bail bondsman on behalf of someone else. So before you sign any agreements, take the time to talk to your bondsman about how the bail business works - because as much as you may want to help a loved one, it’s just as important to protect yourself.
