Teaching Your Kids About The Business World

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Skipping Bail - When The Defendant Becomes The Hunted

Business Blog

When a person on TV or in the movies gets arrested they typically sit in jail for a few hours and then someone comes  and pays a few hundred dollars to bail them out. In reality, bail, which is basically a deposit that is placed with the court guaranteeing the defendant will not run from justice, is much higher. Bail is determined based on both the severity of the crime and the risk that the defendant may flee. Bail for misdemeanor offenses will typically run a few to several thousand dollars, whereas felony offenses can involve bail amounts of hundreds of thousands or even millions of dollars.

Bail Bonds - Because most people sitting in jail don't have easy access to thousands of dollars, a new role was created, the bail bondsman.  In exchange for a fee, typically 10-15% of the bail amount, the bondsman will issue a bond guaranteeing either the appearance in court of the defendant or payment of the bail amount in full. This role comes with considerable risk as the bondsman becomes responsible for the full bail payment in the instance that the defendant fails to appear in court.

Bail Skipping - Depending on the severity of the crime and potential penalties there are some defendants who decide it is better to simply disappear. This practice is a bad choice for a variety of reasons. First, the defendant has to be committed to giving up their old life and living on the run, then they will also be guilty of an additional crime. 

Bounty Hunter - Because of the very substantial financial liability of the bondsman in the event of a bail skip, they will take whatever steps necessary to insure that the defendant appears in court. One of the most effective of these tactics is the use of bounty hunters. The sole purpose of these hired professionals is to find, apprehend and return the fugitive defendant to custody. Since they are typically paid a very substantial fee for a returned fugitive they take their job very seriously. In addition laws governing bounty hunter activities exempt them from typical law enforcement requirements such as use of force, warrants or Miranda rights. As a result of these factors approximately 90% of fugitives are returned to justice. 

The system set up to allow for reasonable bail and the ability to pay it works well unless the defendant decides to try and avoid responsibility and then the defendant becomes the hunted. Contact a bail bond agency for more information.

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4 September 2018