Bail bondsman

The bail system in the United States has developed through the local legal and procedural law to the situation that in some cases considerably from other countries (eg Germany ) is different.

In the U.S., a defendant remain on bail until the trial on the loose and does not have in custody. Due to the position of the deposit the appearance of the accused is to be ensured to trial.

Sense

With the arrest of a suspect, the question arises, where he spends the time until the trial. In many European countries the suspect if not a flight risk ( or other hazards in particular danger of collusion, ) is assumed remains at large. For this purpose, it is usually only a permanent residence in the country. Otherwise, the suspect came into custody.

In the U.S., however, there is this form of detention is not, so that the accused immediately comes to a normal prison, which is relatively hard. On the other hand, it is easier to submerge in the U.S. than in Europe. Therefore provides the U.S. legal system - unless it involves certain serious charges - the ability to wait on bail in freedom for the hearing. This is standard practice in the U.S..

The deposit serves as an assurance that the defendant properly appears at the opening of his trial in court - otherwise the deposit falls after a certain period to the state. Upon completion of the due process of law, if the defendant has appeared to all hearings, the deposit paid will be refunded. It is immaterial whether the defendant was acquitted or found guilty.

Deposit offices

The main mass of petty criminals can not afford even the deposit. The American occupation of the bond agent is (English: bail bondsman, bail bonds agent ) emerged. It represents the deposit in court against a fee (about 10% of the bail amount ). The terms stand bail for bail and bond, guarantee, that is, the bond agent vouches for the deposit ( eg in the form of a bank guarantee ).

Technically, the deposit position is as follows:

  • The judge sets the amount of the deposit.
  • In prison, the accused has the right, limited to phone calls. This includes, among other things, calls for: a member who organized everything, or
  • A lawyer or
  • A Bail Agent ( the advertising stickers local Bail agents can be found right next to the phone in prison or in the local yellow pages).

Maybe the agent for the lodging of additional collateral ( vehicle registration, real estate, promissory note of a relative, etc.). He can enter the number of a close relative or friend who has to pay the fee for their services in advance. Only then will he make the security deposit in the form of a bank guarantee in court.

A normal bank would lend the risk because no deposits. Therefore Deposit agencies have by law received special rights to reduce this risk. The bond agent has the right to determine the whereabouts of his customers. He may arrest him - if it is necessary, even by force of arms. Therefore, the bail agent needs to exert its activity a license and is subject to professional rules. Depending on the risk assessment, the bond agent will require that the accused, for example, appears daily in the agent's office or additionally calls to convince the agent from the fact that he has not fled.

Nevertheless, many bond agent reject the provision of security for certain suspects (for example, traveling bands of shoplifters ).

Places a system of paying the deposit by the public sector (English public bail ) was tested for needy people, but again discarded.

Depending on company size distinction is made between

  • Independent surety agents with private office,
  • The subcontractor, the deposits on behalf of a general - bond agent, and
  • The small business owner who makes the deposits, excluding loans with his own cash.

Submersion before the trial

If the pre-charged defendant fails to appear at trial despite backed deposit (which still represents an additional criminal offense ), it's called skipping bail or bail jumping. The court will then issue an arrest warrant, stating the date on which falls the security deposit to the state. Up to this expiration date of the deposit agent must pay the guaranteed deposit to the court. He may then also the additional safety that he has asked the defendants to sell. ( A potential additional proceeds from which he can not keep, however. )

Bounty Hunter

Since the saved by the bail bond agent in the non-appearance of the accused expires after a specified period, he has a strong interest to find the fugitives soon. Either he himself try to find him or hired a so-called Bounty Hunter (English: bounty hunter ). A bounty hunter is a private entrepreneur who receives his orders and his fee from the bond agent. Thus, a bounty hunter can work more effectively than any other private person, he has certain special rights. He may, for example, impersonate any other person to enter by deception for information on the whereabouts of the fugitives. However, the bounty hunter is personally liable for property damage during the arrest. The laws of the various states differ in terms of their rights and obligations.

  • Law ( United States)
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