3. Bail Bonds Are Only for the Guilty
6. Bail Bondsmen Are Unnecessary
7. You Can’t Get a Bail Bond for a Serious Crime
8. Once You Post Bail, You’re Free to Go
9. You Can Only Use Cash for Bail Bonds
10. A Bail Bond Is the Same Amount As the Bond
11. Bail Bondsmen Can Negotiate a Lower Bond Amount
12. Bail Bondsmen Are Unprofessional
Bail is a crucial aspect of the legal system, yet it’s often misunderstood due to prevalent myths and misconceptions. These misconceptions can lead to confusion and even injustice. Understanding the reality of bail bonds and the bail process is essential in making informed decisions, especially when timing is key. Let’s debunk some of the most common myths surrounding bail to provide clarity on this important legal process.
Myth #1: Bail Is a Punishment
One of the most widespread myths about bail is that it serves as a form of punishment for the accused. However, this couldn’t be further from the truth. Bail is actually a tool used to ensure that the accused person appears in court for their trial. By posting bail, the defendant can remain out of custody until their court date, allowing them to continue with their daily life and prepare for their defense.
Myth #2: Bail Is Always Expensive
Another common misconception is that bail is always prohibitively expensive. While some bail amounts can indeed be high, especially for serious offenses, bail is ultimately determined by a judge based on various factors, including the severity of the crime, the defendant’s criminal history, and their likelihood of appearing in court. Additionally, defendants have the option to work with bail bondsmen who can post bail on their behalf for a fraction of the total amount.
Myth #3: Bail Bonds Are Only for the Guilty
Nope. Bail bonds are a legal means to ensure the appearance of a defendant in court, regardless of their guilt or innocence.
Myth #4: Bail Is Always Available
Contrary to popular belief, bail is not guaranteed for every person arrested. In some cases, particularly for serious offenses or when the accused is considered to be a flight risk, bail may be denied altogether. Additionally, bail may be revoked if the defendant violates the conditions of their release, such as failing to appear in court or committing another crime while out on bail.
Myth #5: Bail Is a Right
While the Eighth Amendment of the U.S. Constitution prohibits excessive bail, it does not guarantee the right to bail in all cases. Bail is ultimately at the discretion of the court, and judges consider various factors when determining whether to grant bail and what amount to set. Factors such as the defendant’s criminal history, the nature of the offense, and the likelihood of the defendant appearing in court all play a role in the decision-making process.
Myth #6: Bail Bondsmen Are Unnecessary
Some may believe that bail bondsmen are unnecessary or even predatory, but they play a crucial role in the legal system. Bail bondsmen provide a valuable service by posting bail on behalf of defendants who may not be able to afford the full amount themselves. In exchange, the defendant pays a non-refundable fee, typically a percentage of the total bail amount, to the bail bondsman. This allows defendants to secure their release from custody while awaiting trial.
Myth #7: You Can’t Get a Bail Bond for a Serious Crime
Not true. Bail bonds are available for a wide range of offenses, from misdemeanors to serious felonies. The decision to grant bail is not only determined by the severity of the crime but includes factors such as flight risk and public safety.
Myth #8: Once You Post Bail, You’re Free to Go
The key word here is “temporarily,” but yes, after you post bail there’s a temporary release that comes with an understanding that you will honor the requirements that come with it. Those include complying with your court appearance schedule, avoiding committing any crimes while out on bail, and more. Failure to do so can lead to bail revocation.
Myth #9: You Can Only Use Cash for Bail Bonds
Contrary to what you might think (or see in the movies), most bail bond companies accept credit cards and cashier’s checks in addition to cash. If you are not sure what forms of payment we accept, please call any of our locations.
Myth #10: A Bail Bond Is the Same Amount As the Bond
No, bail posted for you is only part of the entire amount (12% in Louisiana). If you comply with the court’s requirements after, you will get your money back minus the non-refundable bondsman’s fee.
Myth #11: Bail Bondsmen Can Negotiate a Lower Bond Amount
Most courts have standard amounts of bail that they use for each type of offense. You and only you can ask the judge to lower the bail amount and negotiate other terms. A bail bondsman doesn’t negotiate on your behalf.
Myth #12: Bail Bondsmen Are Unprofessional
One of the top stereotypes (perpetuated in literature and film) about bail bondsmen is that they are unprofessional and “rough around the edges.” To become a licensed bail bondsman, one needs to complete the training required and undergo a background check. A license is legally required, and these professionals know how to do their job with compassion and integrity.
The Bottom Line
Understanding the truth behind common myths about bail is essential for navigating the legal system effectively. Bail is not a form of punishment, but rather a mechanism to ensure that defendants appear in court for their trial. While bail amounts can vary and bail is not guaranteed in all cases, bail bondsmen provide a valuable service for defendants who need assistance posting bail. By debunking these myths, we can promote a better understanding of the bail process and ensure that justice is served fairly and accurately.
About Affordabail
Affordabail 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, Affordabail Bail Bonds 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 Affordabail 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.
