How Does the Bail Bond Process Work For Securities Fraud Cases?
Bail Bond Process Work For Securities Fraud Cases
The accused person may be released from jail on bail in exchange for a promise to appear in court at all times required to do so. The amount of the bail is set by a judge after review of the case and is usually higher for crimes with more serious consequences. If the accused fails to comply with the terms of their release they are a fugitive and may be recaptured by the police. In many cases, it’s impossible for the defendant to pay their own bail and this is where a bail bondsman steps in.
Bail bonding companies guarantee that the accused will appear in court and do so within the required time frames. In exchange for this service the accused pays a fee to the bail bonds company. This fee is generally 10% or less of the total bail amount. Some companies will also require loved ones to sign collateral for the bondsman to use in the event the accused doesn’t appear at court as required.
When a court sets bail it is intended to give the accused a chance to keep their job, family and personal life together while they await their trial date. However, this often comes at a significant cost. A large percentage of the population is unable to afford this kind of money.
How Does the Bail Bond Process Work For Securities Fraud Cases?
The judge who reviews the case is supposed to decide whether or not the accused person will flee from prosecution. This is called flight risk and is the main reason why bail is set so high for some crimes. Some of the things the judge looks at are the accused person’s character, their history with the law and whether or not they have been charged with this crime before.
If the judge feels that a defendant is a flight risk they will require the highest possible amount of bail in order to ensure their appearance. Defendants are encouraged to speak with their lawyer about the case and ask the judge for a lesser amount of bail based on things like their good character, being a first time accused of this particular crime or the fact that it is unlikely they will flee.
In some cases, a judge will not set bail at all or only allow a small amount of it to be paid. If this is the case then the accused will be held in jail until their trial starts.
Fortunately, there are bail bonding companies that are willing to take on this risk and responsibility. This is because they have a vested interest in making sure the accused appears for all of their required appearances. If the accused does not, the bail bond company will have to pay the court the full amount of the bond and may also lose any collateral that was signed over. This is why it is so important for the accused to stick to their bail terms and appear for all of their court appearances.