The U.S. bail system revolves around the rights of the accused to maintain his freedom while awaiting his court date. The entities involved in the process other than the defendant are the arresting officer, the judge, the prosecuting attorney and most probably, a bail bondsman.
A preliminary hearing may be held to determine “probable cause” in the case against the defendant. Probable cause refers to the evidence that the prosecution has and whether or not it is sufficient to bind the defendant over for trial. The prosecuting attorney will produce witnesses to corroborate the validity of the evidence they have gathered. The arresting officer may be called to testify about any physical evidence found at the scene of the crime or in possession of the defendant at the time of his arrest. The judge will determine probable cause after hearing testimony and cross examinations from both the prosecution and the defense attorney.
Once the preliminaries have been dealt with the judge will go on to set the bail amount. At this point a bail bondsman will be allowed to step forward and post the bail with the court. The defendant and his bondsman will be informed as to the stipulations attached to the bail arrangement, if there are to be any. Bail will be paid and the defendant will be released with the understanding that the he be present for all future court hearings.
The court is adamant that the defendant meet his responsibility to appear. If he fails to do so a warrant will be issued for his arrest and his right to release on bail will be revoked. The defendant will remain in custody until his case has been resolved. An experienced bail bondsman can help a defendant realize the importance of his promise to the court. The agent will help his client remember court dates and will go so far as to personally see to it the he gets to the courthouse.
At BWB Bail Bonds agent understands how the circumstances surrounding the arrest and incarceration of a loved one can be stressful to family members. If you find yourself in such a situation don’t hesitate – call BWB @ 720-358-2908.