Facing an arrest and needing bail can be stressful. The Ikerd Law Firm understands the bail process inside and out, and they work hard to get you released quickly and efficiently.
Having a lawyer by your side can also ease your mind during this difficult time. They can explain everything clearly, answer your questions, collect the necessary records, and make sure you understand your rights throughout the process.
Understanding Bail
Bail helps defendants get out of jail while awaiting trial outside. It is a surety designed to help guarantee the appearance of a person in court when their case is set on the docket.
There are different types of bails, like cash bail paid directly to the court, or commercial bonds and property bonds. The main goal is to make sure the defendant appears in court.
At the Ikerd Law Firm, we pride ourselves on being creative in finding solutions to secure our client’s release from jail pending resolution of their case. This can include finding area rehabilitation centers, determining the goal of a prosecutor in a particular case, such as a stay away order, or pursuing alternatives to jail and bail altogether, like ankle/GPS monitoring.
Bail vs. Bond in Louisiana
Generally, these terms are used interchangeably and represent similar things. However, the difference is based on who is posting the full amount of the surety.
Bail is the amount a person must post to fulfill the surety. If the judge sets your bail at $100,000, for example, the defendant or their family can post the full $100,000 directly to the court. In theory, the $100,000 serves as a surety to guarantee the defendant’s appearance in court because if they fail to come to court, they lose all of the $100,000. Since most people do not want to lose money, they will come to court. The benefit of this surety is that if the case is dismissed, or even results in a plea or guilty verdict, all of the money is refunded to the defendant/family.
Bonds are when something other than the full amount of the bail is used as a surety. This can include a property bond, which like a cash bail surety, must be equal to the value of the bail amount.
The most common bond, and the most common way for a person to get out of jail, is a commercial surety that is posted by a bail bond agency. For those defendants who do not have $100,000 in cash sitting around, a bail bond agency will agree–for a fee–to pay the full amount of the bail if a person does not appear for court. In Louisiana, a typical bail bond agency will charge a non-refundable 12-13% fee. Thus, instead of having to come up with the full $100,000, a defendant would only need to come up with $12,000-13,000. However, they will not get that amount back regardless of how the case is resolved. Depending on the agency and the charge(s), some bail bond agencies will allow payments to be made over time.
The bail bond company then purchases an insurance policy to cover the full amount of the bail in cases where bail is revoked due to a bench warrant for non-appearance. The bail bond agency wants to protect its investment and never have to pay out that insurance policy; therefore, it acts as a surety to guarantee an appearance in court by hiring bounty hunters to find someone who has missed court.
Legal Representation
Seeking legal help immediately post-arrest is critical. Having a skilled lawyer during the bail review process can significantly impact the outcome. Legal representation aids in presenting a strong case for granting bail. Waiting can lead to weeks, months, or years longer spent in jail awaiting trial. It can also put pressure on you to “take a plea” in order to get out of jail. Most prosecutors know it is easier to get an incarcerated defendant to take a plea on a bad case if they are in jail and the plea will set them free.
Bail Types
There are three types of bail:
- (Own) Recognizance,
- Unsecured bond, and
- Secured bond.
The severity of the offense and the defendant's prior criminal history and prior bench warrants for failure to appear in court will determine the type of bond. Each type has its own rules and results.
Bail Determination
When deciding on bail, courts consider factors like the risk of the defendant running away and safety concerns. In theory, they follow rules to make sure the process is fair and equal.
If someone has missed court before or faces serious charges, they might not be granted bail. This is very important to remember! If you have a history of not showing up for court, that is more important than what you are charged with in terms of whether a bail will be set and how much. Always show up for court.
Bail Hearing Representation
Bail hearings can be complicated but having a lawyer on your side can make all the difference. Lawyers represent defendants in court and make sure that they receive the right legal support.
By providing advice based on years of experience, lawyers help defendants understand their rights during the process.
Lawyers can build a strong argument to support petitions for reconsideration. They gather evidence, share facts, and present compelling arguments to help their clients.
Additionally, lawyers use different legal strategies specific to each defendant's unique circumstances.
Lawyers can improve their client's chances of winning by using strategies like showing community connections and addressing flight risks. By customizing their approach, lawyers can get better results for their clients. Hiring an attorney who has the experience and the time to develop these facts before a hearing can be crucial. If you rely on someone who does not put the time and effort in to increase the potential for success, then you are more likely to remain in jail or your bond will not be reduced.
Negotiating Bail Amount
Lawyers help negotiate fair bail terms for defendants by making strong legal arguments and presenting evidence to support their case.
Setting Bail
When setting bail, important factors are considered, such as the seriousness of the crime, the defendant's past crimes, the likelihood of them running away, and their connections to the community. Lawyers use these factors to argue for fair bail conditions.
Lawyer's Influence
Lawyers hold significant influence in shaping the outcome of bail hearings. Lawyers use their knowledge to handle bail decisions and highlight the positive aspects of the defendant's character to help get fair bail terms from the court.
Bail Conditions Explained
Defendants need to understand the rules that come with bail, like travel limits and check-ins. Lawyers are there to help explain these rules and make sure the defendants follow them carefully.
Defendants need to comply with bail conditions to maintain their freedom and show respect for legal proceedings.
Breaking bail rules can lead to serious consequences and possible imprisonment. Lawyers emphasize the importance of compliance to prevent these outcomes and give guidance to defendants to help them understand their rights and duties during the bail period.
At the Ikerd Law Firm, we have a system in place to remind clients of their court dates to prevent any confusion or negative consequences associated with getting a bench warrant.
Post-Bail Support
Lawyers are important for bail hearings. They collect evidence, make legal arguments, and organize documents to improve the chances of getting bail. They also advise defendants on how to behave in court and what to expect, allowing them to feel more confident during the hearing.
Strategy Development
Lawyers are proactive at developing strategies to help their clients get the best bail terms. They study the case, prepare for challenges, and adjust their strategies as needed during the bail process.
Ongoing Legal Advice
Lawyers help defendants understand their rights and duties at each stage. Having a lawyer from beginning to end gives defendants expert help and support that can affect the outcome of their bail request.
Securing a Bail Bond
When it comes to securing a bail bond, defendants should be aware of the different types available. There are three main bond types: cash bonds, surety bonds, and personal recognizance bonds. Each type of bond has its own set of implications for the defendant's release.
Cash bonds require the full payment of the bail amount upfront, while surety bonds involve a bail agent acting as a third party. Personal recognizance bonds, on the other hand, depend on the defendant's integrity and personal commitment to show up for court.
The bail process can be complex, but it can be simplified by breaking it down into steps. The process begins with the defendant getting arrested by the police and then going through booking at a station. If the person is arrested due a warrant, sometimes the judge issuing the warrant will set a bond. Otherwise, a bail amount must be set after arrest.
Abail hearing may be held to set the bail amount, but it could be set without a hearing by a judge or commissioner. The defendant can be released if they meet the bail conditions.
Providing a simplified overview helps defendants and families understand and manage the bail process efficiently. Understanding arrest procedures, court appearances, and bond obligations is important for a smooth bail experience.
Can I hire an Attorney just for a Bond Reduction?
Yes! While it is best to hire someone to handle all aspects of the case, and a bond hearing should be included in that representation, sometimes you may not have all the funds necessary for complete representation through trial. Thus, sometimes it is necessary to hire someone to just help with lowering an excessive bond.
At the Ikerd Law Firm, we have helped many people with limited representation in arguing that their bail amount should be reduced so that they can return to the families, jobs, and the community while they await resolution of their case.
This is also true when no bond is set after arrest because the court set the matter for a Gwen’s Law Hearing. In such case, a bail amount will only be set after a full contridictory hearing. These usually take place within 5 days of arrest so it is important to contact and hire an attorney quickly if you or a loved one is arrested for a domestic abuse case or case involving a family member as an alleged victim. There is no better chance to make a good impression on the judge to get an affordable and fair bond than he first hearing. If you wait too long, you may be left with someone from the public defender’s office bein appointed to your case and someone that will only meet you on the morning of court. Changing a bond after a Gwen’s Law Hearing is very hard, because you it is a full hearing with due process so judges do not often alter the original bond or conditions, including restraining orders, ankle monitoring, and the loss of gun rights.
Get Professional Legal Help Today!
Facing an arrest can be confusing, especially when it comes to bail. Understanding the bail process can help you deal with things smoothly. A lawyer can walk you through everything, from court hearings to understanding bail money, and even any issues that come up after you're released.
An experienced lawyer can be a big help in understanding your options and making the best choices for your situation. They can explain your rights and make sure you're following the rules to avoid any complications.
Knowing how bail works is important, and a lawyer can give you the peace of mind you need during this stressful time.
At the Ikerd Law Firm, we help our clients to protect their rights and get home to their families as soon as possible. See if we can help you or your loved one today.