Before we continue our conversation regarding bonds that we started last month, it is crucial to understand what they are for and why they exist. After getting charged with a crime, you will not go to trial immediately. During this time, you may be able to stay out of jail to be with your family and work closely with your attorney on preparing your defense.
When you and your attorney attend your bail hearing, the court will set the bail amount if you are eligible. In State Court, Judges look at a wide range of statutes to determine bail amounts. Furthermore, the majority of state crimes come with a standard amount. While people who have been charged with state crimes, in many instances, can post bail without going in front of a judge, individuals arrested for federal offenses are required to appear before a Magistrate Judge. A judge may deny bail for several reasons:
- The severity of your crime
- Risk of flight
- Danger to the community
The money paid for a bond serves as a promise that you will return for your court date. If you fail to do so, the court keeps the deposited money and can seek the amount of bond that wasn’t paid. For example, if the bond is $100,000, ten percent of that amount was paid, and after release, the individual flees, that person, or whoever co-signed on the bond, would be responsible for paying the remaining 90% of the bond that wasn’t paid. Because courts generally require significant sums, many people use bail bond companies. The company will post the bond for you and charge a fee, usually 10% in state court and 15% of the bond amount in federal court. However, it is essential to know that there are several different types of bonds.
Conditions of Bail?
In every case where bond is ordered, there will be numerous conditions attached. Oftentimes in federal court, there will be a Nebbia requirement that must be satisfied. Nebbia, named after a case, is the requirement that the source of the funds used to pay a bond be legitimate. The point is to ensure that you didn’t make the money being used for bail illegally. For example, if you have $30,000 in your savings account, the court wants to know how you obtained the money. This requirement exists regardless of whether a family member or friend is paying the bond. Having a lawyer assist you with this is critical. Gathering and submitting the appropriate documentation is a prerequisite for getting your bail set. Satisfying the Nebbia can sometimes take days. It is important to have someone working to get you or your loved one out as soon as possible.
Contact a Federal Defense Attorney
It is not uncommon for prosecutors to request detention after someone has been charged with a federal crime or to request a bond with arduous conditions to satisfy. The experienced attorneys at Puglisi Caramés will fight for you during a detention hearing so you can have the benefit of pre-trial release. Contact Puglisi Caramés and schedule a free consultation if you have further questions or need to speak to a criminal defense attorney.