Anyone arrested has the right to apply for bail and the right to be considered innocent until proven guilty. This is the payment of an amount sufficiently large to ensure that the accused will not attempt to flee. In many less serious cases, bail can be determined immediately after arrest. In more serious cases the suspect may be held in confinement for up to forty eight hours before appearing in front of a magistrate for a bail bonds Orange County hearing.
In many cases, accused and arrested people are unable to pay the entire amount necessary for release. In such cases a bondsman can be approached. These agents often have standing arrangements with court officials. They usually have an arrangement with a bank or an insurance company, allowing them to draw on that security regardless of the hours.
Regardless of the outcome of a case, a non refundable payment equal to approximately ten percent of the total amount is normally charged. A bondsman will also require that the accused pledge his assets to cover the remainder of the bail amount. If the defendant does not have enough assets, he will have to obtain the help of friends willing to pledge theirs.
Failure to adhere to the conditions of release can lead to very serious consequences. Another chance of release, once arrested again, is very slim indeed. The bondsman can take legal action and sue the defendant for all cost in addition to the original amount owed. In many cases the assets that were pledged can be lost, even if it is those of family members.
It is not humane or just to keep all accused people in prison. Everybody has the basic right to be presumed innocent until proven guilty. It therefore makes sense to release accused people who do not pose a threat to society. This system also saves a lot of tax payer money, since the administration and maintenance of prisons are very costly. In addition, the defendant is enabled to continue a productive life until the matter is finalized.
Certain sectors are vehemently opposed to the system. They point at the fact that it is very expensive to track down and arrest defaulters. They also hold that the system allows criminals to continue perpetrating new crimes. On the other side of the coin, the system can also cause considerable financial loss to defendants, even when they are eventually acquitted of charges against them.
There can be no doubt that the state is unable to incarcerate all individuals accused of a crime. There are simply not enough resources and the prison system would be unable to cope. A large percentage of cases are eventually dropped. Many other cases lead to acquittal. It would be fundamentally wrong to deny access to bail bonds Orange County.
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