Thursday, February 7, 2019

The Pros And Cons Of San Diego Bail Bonds

By Martha Reed


The mind boggles when one consider the myriad laws and rules that govern the daily lives of every citizen. As society becomes more complex, the legal system also grows more complicated. When people do not obey these laws, they are accosted by the law enforcement agencies and brought to justice. In many cases, those accused of committing a crime are arrested before they are charged. In such cases the accused can be released, often with the aid of San Diego bail bonds.

The vast majority of arrests made each year involve normally perfectly law abiding citizens that made stupid mistakes. They drive while under the influence, get involved in situations from which they should have run away and allow their emotions to override their common sense. The point is that when one is arrested, there is only one priority and that is to get competent legal representation straight away.

Most arrested individuals are released as soon as the courts are satisfied that they will turn up for their trials, that they will not pose a danger to themselves or others and that they will not try to influence the case against them in any way. Other conditions may also be imposed. It is not a right to be released and the court may decide to keep an accused in custody until he is tried.

In order to help make sure that all accused released will actually turn up for their trials the courts normally impose a specified amount that must be posted as surety. This amount is refunded after the case is heard, regardless of the outcome. If the accused cannot raise the amount required he still has the option to approach bondsmen for a fast loan.

There is a hefty price to pay for the quick and efficient service offered by bondsmen. They charge services fees that can be as high as fifteen percent of the amount borrowed by the accused. This can be a very high amount. The payback schedule for this fee is stipulated in a contract that the accused have to sign before the surety is paid over to the court. The loan amount must be covered by pledging assets.

No accused should undertake negotiations with a bondsman. They are emotionally overwrought and highly stressed and they mostly do not pay attention to the terms of the contract that they sign with the bondsman. This can lead to misunderstandings and financial losses at a later stage. The best course of action is to leave these matters to the attorney.

Breaking the conditions of release is a very serious matter. All the money paid as surety to the court will be forfeited. The accused may be arrested again and the court will be less inclined to grant a second release. Additional charges will be filed against the accused and he may be forced to apply for a second loan from the bondsmen. It is definitely not worth it to take any chances whatsoever.

There are those that say that every accused should be incarcerated until he is tried. This would not be fair or just, however. Every accused is deemed innocent until proven otherwise. Besides, there are simply not enough facilities and resources to keep so many trial awaiting individuals behind bars.




About the Author:



No comments:

Post a Comment