DC Democratic State Committee

Nashville TN Rep

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What Are Bail Bonds?

Getting arrested and spending time in jail whenever you are caught on the wrong side of the law can be quite unfortunate and frightening experience whether in Nashville or any other area. The good news is that you shall be innocent until they prove you guilty in a court of law. In this case, a judge may release you and let you to be free until your case is heard and determined. The judge will however be forced to order you to provide a guarantee that you will come back to face the charges leveled against you before you can be let free from custody. This guarantee is what is referred to as a bail bond and is usually paid to the court of law in cash terms, property, signature bond, a bond secured through safety companies or a combination of any of these forms.

It is during a bail hearing that a bail bond is set. This is the procedure where the judge gets to meet with the defendant in court to hear and determine whether it is appropriate to grant him the bail. When some forms of bail bonds are being given consideration e.g. a property bond or secured bond, the judge will need to hear the defendants details concerning financial resources and whatever will be the source of the property or funds that will be used as security for the bond. In case someone posts the bail on behalf of a defendant, they are considered as the security and their financial condition will be considered as well.

If the bail involves a surety, the person must be present in court alongside the defendant where the judge will guide them through the various responsibilities and obligations- if anyone of them goes against any of these conditions, the bail bond might be nullified and revoked. It is thus of great importance that the surety has great confidence in the defendant before posting a bond on their behalf.

The moment the bail is set, it is always good to know about the options of the bond. For example cash bail can be presented in form of hard cash or in form of check or money orders. The person who posts the bond should be able to keep the receipt they receive so that they can be able to get back the funds as long as the bond terms are met. It might be a necessity for the defendant or surety to complete other tax forms depending on the quantity of the cash bond.

Signature Nashville bonds do not need the defendant or surety to present any property or funds as collateral as it is the case in cash bonds. The defendant will only be required to sign certain court forms to the court clerks in order to effect their release. It is however of great importance to keep in mind the various rules that the judge has provided to ensure that the defendant acts within the terms of the bond unless they want to see the bond revoked.

Corporate surety bonds are those types of bond secured by a bail bondsman. 10% of the bail amount is usually paid by the surety or defendant to a bail bondsman and the defendant or surety need to have enough finances that they will pay the remaining portion if the bail gets nullified should the defendant go against the terms set by the judge. The 10% amount will be unrefundable by the bondsman whether the defendant meets the conditions or not, the same goes for most Nashville bail bonds.

There are some cases where the judge may order a defendants property to be used as collateral for acquiring a bond. Normally, the defendant or surety will need to show some proof of ownership of such property, the list of any other existing claims against the property if they exist. Once all these conditions have been satisfied, the bail might be released back. It is not however a guarantee that this will occur. The defendant, surety or their lawyer will in most of such cases need to file a case to retrieve back the cash or property that was used as bail. It is therefore essential to ensure that you follow all these steps if at all you are to be paid back the value of your bond.


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