12 Familiar Myths About Bail Disproved

1. Bail Is a Penalty

2. Bail Is Always Costly

3.  Bail Bonds Are Solely for the Guilty

4. Bail Is Always Accessible

5. Bail Is an Entitlement

6. Bail Bondsmen Are Redundant

7. You Can’t Obtain a Bail Bond for a Serious Offense

8. Once You Post Bail, You’re Free to Depart

9. You Can Only Use Cash for Bail Bonds

10. A Bail Bond Equals the Entire Bail Amount

11. Bail Bondsmen Can Haggle a Reduced Bond Amount

12. Bail Bondsmen Are Unprofessional

Myth #1: Bail Is a Penalty

One of the most widespread misconceptions about bail is that it acts as a form of punishment for the accused. However, this couldn’t be more inaccurate. Bail serves as a tool used to ensure the accused individual attends court for their trial. By posting bail, the defendant can stay out of custody until their court date, enabling them to continue their daily life and prepare for their defense.

Myth #2: Bail Is Always Costly

Another prevalent misconception is that bail is always excessively costly. Although some bail amounts can indeed be high, especially for serious offenses, bail is ultimately determined by a judge based on various factors, including the seriousness of the crime, the defendant’s criminal record, and their likelihood of attending court. Moreover, defendants have the option to collaborate with bail bondsmen who can post bail on their behalf for a fraction of the total amount.

Myth #3: Bail Bonds Are Solely for the Guilty

Incorrect. Bail bonds are a legal means to ensure the defendant’s appearance in court, irrespective of their guilt or innocence.

Myth #4: Bail Is Always Accessible

Contrary to popular belief, bail is not guaranteed for every individual arrested. In some instances, especially for serious offenses or when the accused is deemed a flight risk, bail may be denied entirely. Additionally, bail may be rescinded if the defendant breaches the conditions of their release, such as failing to attend court or committing another offense while on bail.

Myth #5: Bail Is an Entitlement

While the Eighth Amendment of the U.S. Constitution forbids excessive bail, it does not ensure the right to bail in all cases. Bail is ultimately at the discretion of the court, and judges take various factors into account when determining whether to grant bail and what amount to set. Factors such as the defendant’s criminal record, the nature of the offense, and the likelihood of the defendant attending court all influence the decision-making process.

Myth #6: Bail Bondsmen Are Redundant

Some may think that bail bondsmen are unnecessary or even exploitative, but they play a crucial role in the legal system. Bail bondsmen offer a valuable service by posting bail on behalf of defendants who may be unable to afford the full amount themselves. In return, the defendant pays a non-refundable fee, typically a percentage of the total bail amount, to the bail bondsman. This enables defendants to secure their release from custody while awaiting trial.

Myth #7: You Can’t Obtain a Bail Bond for a Serious Offense

Incorrect. Bail bonds are available for a wide array of offenses, ranging from misdemeanors to serious felonies. The decision to grant bail is not solely determined by the seriousness of the offense but also considers factors such as flight risk and public safety.

Myth #8: Once You Post Bail, You’re Free to Depart

The crucial term here is “temporarily,” but indeed, after posting bail, there’s a temporary release with the understanding that you will adhere to the requirements that accompany it. These include complying with your court appearance schedule, refraining from committing any offenses while on bail, and more. Failure to do so can result in bail being revoked.

Myth #9: You Can Only Use Cash for Bail Bonds

Contrary to popular belief (or what you may see in movies), most bail bond companies accept credit cards and cashier’s checks in addition to cash. If uncertain about acceptable forms of payment, please contact any of our locations.

Myth #10: A Bail Bond Equals the Entire Bond Amount

No, the bail posted for you constitutes only a portion of the total amount (12% in Louisiana). If you adhere to the court’s requirements thereafter, you will receive a refund minus the non-refundable bondsman’s fee.

Myth #11: Bail Bondsmen Can Haggle a Reduced Bond Amount

Most courts have standard bail amounts for each type of offense. Only you can request the judge to lower the bail amount and negotiate other terms. A bail bondsman does not negotiate on your behalf.

Myth #12: Bail Bondsmen Are Unprofessional

One of the prevalent stereotypes (portrayed in literature and film) about bail bondsmen is that they are unprofessional and “rough around the edges.” To become a licensed bail bondsman, one must complete the required training and undergo a background check. A license is legally mandatory, and these professionals understand how to execute their duties with compassion and integrity.

The Key Takeaway

Grasping the reality behind common myths about bail is vital for effectively navigating the legal system. Bail does not serve as a form of punishment but rather as a mechanism to ensure defendants appear in court for their trial. While bail amounts may fluctuate and bail is not guaranteed in every case, bail bondsmen offer a valuable service for defendants requiring assistance in posting bail. By dispelling these myths, we can foster a clearer understanding of the bail process and ensure that justice is administered fairly and accurately.

About Bail Bonds St. Tammany

Bail Bonds St. Tammany is a local bonding company. With several locations throughout the state of Louisiana, we service St. Tammany Parish Jail in Covington, Livingston Parish Jail in Livingston, Jefferson Parish Jail in Gretna, Tangipahoa Parish Jail in Amite, St. John Parish Jail in Laplace, and many more.

For more than 20 years in the industry, Bail Bonds St. Tammany has been providing both families and individuals with expedient and efficient bail service. We are reliable at any time, day or night. We are always here for our clients and we treat people who require bail as people, not criminals. There is no way of knowing the circumstances behind what has happened to an accused, and we firmly believe in “innocent until proven guilty.” This respectful approach to our clients is part of what makes Bail Bonds St. Tammany better than the competition.

We process all bond payments securely, and our friendly staff is efficient and hardworking, getting all the required paperwork done as quickly as possible. We do not want loved ones to stay in custody longer than necessary. Our bail bondsman will make the entire process of obtaining bail simple and painless. Let industry knowledge work for you.

We offer payment plans, too. For more details on the types of bail bonds we offer, and to get started, call any of our locations, or fill out an online form.

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