BY |
When you want to get yourself or your loved one home from jail as quickly as possible, the complexities of posting federal bail can seem not just confusing but overwhelming.
Indeed, it is true that the process of making bail for federal cases can be even more complicated than for state cases because they tend to be associated with more serious crimes. What this means is that having a good understanding of how federal bail and federal bonds work is crucial if you want to successfully navigate this process for yourself or your loved one.
Happily, below you’ll find an expert guide to federal bail bonds, written by Future Bail Bonds, California's premier federal bail bonds agency. With the information below, and the support our dedicated and friendly team at Future Bail Bonds can provide you’ll be able to work through the process of posting federal bail with ease. Just keep on reading to find out everything you need to know about federal bail bonds.
Federal Bail Bonds
First of all let's take a look at federal bonds in the context of typical bail bonds.
What Are Bail Bonds?
Bail is a contract made between a defendant and the court that allows them to be released before their trial. Bail is made by paying an amount of money to the court which is forfeit if the defendant absconds or does not show up to their court dates. To pay bail many people use bail bonds. These are agreements made between the defendant and the bail bond provider. The bail bondsman pays the court to allow the defendant to be released. The defendant pays a percentage of the amount usually around 10% and then agrees to be liable for the rest should they break the conditions of their bail.
What this means is, that if the defendant shows up for court the bail bondsman will get their money back, and keep the 10% fee. However, if the defendant does not show up for court the person that agreed to the bond will be liable for the full amount.
The Difference Between State And Federal Bail Bonds
There are two main types of bail bonds - state bail bonds and federal bail bonds. State bail bonds relate to state cases, and federal bail bonds to federal cases. Federal court cases tend to be more serious and include offenses like:
- Bank Robbery
- Fraud
- Drug Trafficking
- Arson
- Counterfeiting
- Mail Fraud
- Sex Crimes
- Kidnapping
- Identity Theft
There are also a range of considerations that the court makes when it comes to setting bail for federal cases. For example, the court will consider things like whether the defendant poses a continued risk to their community, whether they are likely to abscond, the defendant's criminal history, and how severe the offense was.
Since federal cases are more serious than state cases, the amounts asked for bail tend to be higher. This means that many people charged with a federal offense can struggle to raise the full amount of money needed for their bail on their own. Fortunately, professional bail bondsmen licensed to provide federal bonds like Future Bail Bonds can offer help in this situation.
How Does a Federal Bail Bond Work?
Several stages must be gone through when applying for a federal bail bond, and the steps do differ from those of a state bond. However, the process is relatively straightforward as you can see from the steps below.
An Individual Is Arrested And Charged With A Federal Crime
When an individual is arrested for a federal crime, they are not eligible for bail before their initial court hearing. Instead, the individual must remain held in custody until they go before they have an initial appearance before a federal magistrates judge.
The Individual’s Initial Appearance Before A Federal Magistrate Judge
Bail is not usually granted at the individual's initial court appearance. Instead, this is when they are informed of their rights, and what they are being charged with. Not all federal cases will be eligible for bail, but for those that are a separate hearing will be set up. This is known as a detention heating and will be used to decide whether the individual can be granted bail, and what conditions that bail will involve.
The Individual Is Given A Detention Hearing
Several factors will be considered at the detention hearing to establish whether bail can be granted for a federal case. The first of these factors will be how serious the crime was, and the circumstances in which it was committed. Another factor that will be examined is the defendant’s history including their character, employment, whether there are issues of addiction, and their mental state.
How much evidence is against them, and whether they have shown up for previous court days will also be factored into this equation to decide whether bail will be granted or not.
Bail And Bail Conditions Are Set
If the defendant is successful in being granted bail for a federal case, the court will decide on the amount they require. In addition to the monetary value of bail, the court will also impose specific conditions on the individual that they must not break when on bail.
These conditions will include things like not being able to travel out of the country or state, use of an electronic tag, being forbidden to communicate with witnesses in the case, and being forbidden to communicate with the victims of the case.
Paying Bail
Individuals have two options when it comes to paying bail in a federal case. The first is to supply the full payment or collateral themselves. However, because bail amounts in federal cases tend to be higher, many individuals can struggle with finding the full amount.
This is where federal bail bonds come in. Indeed, by working with a bail bondsman who is licensed to offer federal bail bonds, an individual charged with a federal crime can gain access to the money that will allow them to be released from jail pending their trial.
Being able to get released from jail on bail is hugely important to many people because it allows them to spend precious time with their family and loved ones, live life as normally as possible, and do everything in their power to prepare for their trial and defense.
To successfully secure a bail bond that will allow an individual on a federal charge to be released from jail, you must work with a specialist bail bond provider. Such a provider must be experienced with the federal system and have express permission to grant federal bonds, which not all do. With that in mind, be sure to check the credentials of any bail bondsmen you choose to work with for a federal case.
The good news is that if you are looking for a bail bondsman who is authorized to offer federal bonds in California, then Future Bail Bonds can help.
Future Bail Bonds are highly experienced in securing federal bonds, and we offer fast and reasonably priced bonds 24/7.
Making The Bail Bond Payment
In contrast to paying the entire value of the bail to the court, when you work with a bondsman the individual will only need to pay a smaller premium. Usually, this is set at around 10-15% and is non-refundable as it is the bondsman’s fee for putting up the full bail amount.
To cover the rest of the amount with your bondman you may be asked to put up collateral. This means you’ll need to agree to give over real estate, vehicles, or other assets that make up the value of the rest of the bond to the bondsman if the full amount of bail is collected by the court.
It is also worth noting that the person who agrees to a bail bond with a bondsman does not need to necessarily be the individual who has been charged with a federal crime. Instead, a friend or family member can also enter into this agreement as long as they cover the costs and liabilities involved.
Your Bail Bondsman Will Post Bail
Once the individual has agreed on a bond agreement with their bail bondsman, the bondsman will be able to post bail. Once bail is posted the individual will be able to be released from custody.
Sticking To The Conditions Of Your Bail
After release, an individual on bail must ensure they stick to the conditions set by the court. In particular, they must always attend set court dates, as this is a direct violation of bail conditions. If the individual does not stick to the conditions of their bail, it can be revoked which means they will go back into custody.
What Happens To The Bail Payment Once The Case Is Resolved?
Once the federal court case is resolved, and if all bail conditions and court appearances are met, the bail bond will be dissolved. This means the collateral is returned to the person who agreed the bond. However, the bondsman's fees/costs will be deducted from this final amount.
What are the Consequences of Violating Federal Bail Bond Conditions?
Now you know about how federal bail bonds work, it's time to look at the consequences of breaking the conditions associated with them. Indeed, anyone putting up the money for a federal bail bond must know what could happen if the defendant does not stick to the rules of their bail.
First of all, violating the conditions of a federal bail bond can result in some grave outcomes. Most importantly, it often includes a bench warrant being issued for the defendant’s arrest which means they can be arrested and sent back to jail. If this happens, the defendant will not be granted bail a second time and this means they will have to stay in jail until the outcome of their trial. In some cases, the court does not choose to withdraw bail if bail conditions are violated. Instead, the court may levy more bail conditions and/or raise the amount of bail required.
Lastly, if bail conditions are broken the money that was paid for bail may be lost. This will most definitely be the case if the bail conditions that are broken are the requirements of the defendant to show up for their court dates. Unfortunately, such a situation will leave the person who has paid the bail amount or arranged the bail bond liable for the full amount.
Moreover, the defendant may have to forfeit the money they posted for bail if they fail to appear on any of the court dates. At this point, the person who paid the bail or the bail bondsman could lose the entire amount paid to the court.
Additionally, violating the conditions of bail can also make the defendant's case more difficult. This is because it can show a lack of remorse, or compliance which will look bad and comprise the defense case, especially when the violations include additional criminal acts that the one the defendant is currently on trial for.
How To Choose An Expert Federal Bond Specialist
Not all bail bond agents are equal, and only some are authorized to grant federal bail bonds. To ensure you choose the best federal bond agent for your needs follow the guidance below.
Choose A Bond Agent With A Thorough Understanding Of The Regulations
Federal Bail regulations are not the same as state bail regulations and any bondsman authorized to provide bail for federal cases must demonstrate that they have a thorough and total understanding of the Federal Bail Reform Act. This is particularly important because bondsmen not only have to deal with the courts when making federal bail but they also have to support and guide the defendant on whose behalf they are working through the federal bail-making process.
Choose A Bond Agent That Is Skilled At Risk Assessments
There is significant risk involved in posting federal bail bonds for individuals charged with a crime. This means that any bail bond agent doing so must be able to assess the level of risk involved with each case. To do this includes evaluating the flight risk of the person that they hold a bond for, as well as assessing their previous criminal record, and the severity of the case. Remember if the person that is bailed out absconds, the person that made bail for them will be held financially accountable so you’ll want to ensure you have a clear understanding of the risks involved.
Choose A Bond Agent That Is Familiar With Securing Collateral
A good federal bond agent will also be highly skilled in collecting the necessary collateral to cover the bond debt. This is crucial because if the individual was to abscond it means the agent still has assets that can cover the full cost of the bail that they have paid to the court.
Choose A Bond Agent That Can Quickly Post Bail
The whole point of posting bail is to get the defendant released as quickly as possible from jail. You’ll want to choose a federal bail bond agent that will take you through the process of making and posting bail as fast as possible ensuring your loved ones' quick return home.
Choose A Bond Agent That Will Make Sure The Defendant Makes Their Court Appearances
Another important thing that a federal bail bond agent must be able to do effectively is make sure that the defendant attends their court appearance. This means they will need to make sure the individual for whom they posted bail will attend every court appearance that is set. Sometimes this means sending or calling with reminders. While at others it may include picking them up or otherwise physically making sure they attend their court sessions.
Bail Bond Agent Responsibilities: Ensuring Court Appearance Compliance
-
Apprehending Defendants: When a defendant does not show up for a scheduled court appearance, the bail bond agent plays a crucial role in recovering the individual to prevent the loss of the bail amount. Federal bail bond agents may collaborate with bounty hunters or recovery agents to locate and apprehend fugitives effectively.
-
Handling Forfeiture Procedures: If a defendant misses a court appearance, the bail bond agent is instrumental in managing the ensuing forfeiture proceedings. This involves negotiating for extensions or the remission of the bond where feasible, as well as overseeing the liquidation of any collateral if required.
-
Guiding Defendants and Families: Federal bail bondsmen are key advisors to defendants and their families, offering expert guidance on the bail process. They provide insights into the repercussions of failing to appear in court and advise on adhering to release conditions.
Choose Future Bail Bonds For All Your Federal Bail Bond Needs!
Forfeiture Proceedings: In cases where a defendant fails a court appearance, the agent must help handle the forfeiture process. This includes arguing for extensions or remission of the bond if possible and managing the liquidation of collateral if necessary.
Advising Defendants: Federal bail bondsmen often provide advice to defendants and their families regarding the bail process, including the potential consequences of failing to appear in court and how to comply with release conditions.
Californian experts with federal bail bonds Future Bail Bonds are the premium choice for all your bail bond needs. We can help you through every step of the process, and ensure you or your loved one gets out of jail as quickly as possible.
Contact us with all your federal bail bond needs and see how we can help you today!