Bail and bail bonding have been invaluable parts of our criminal justice system since the country’s founding. They’re the way the state honors the presumption of innocence while at the same time providing an incentive for the accused to appear in court to face the charges against them. Those who are eligible for bail (not everyone is) either pay the amount in full themselves or contact a loved one who, in turn, contacts a bail agent who arranges for a bond. For the most part the system works reasonably well, as it has for centuries. But in some cases difficulties arise that muddle the situation and may imperil the ability of the accused to obtain or maintain pre-trial release.

Problems with Bail Bonds

5 Ways the Bail Bonds Process Can be Compromised

Securing a bail bond is typically a straightforward process. A relative of the accused contacts us, we obtain the details of the case, arrangements are made to post a bond and the accused is released pending a court appearance. In our years as bail agents in Adams County, Broomfield County, Weld County and Denver, however, we’ve seen and heard just about everything. And not all of it has been particularly good.

Because knowledge is power we’ve brought together this short list of the most common problems that occur during the bail posting process.

  1. The Wrong Information - Bail is not a fundamental right. It’s part of the legal process and there are steps involved that must be respected in order to obtain pre-trial release via bail. One of those steps is the application process. As with any application it’s vital that the information you and/or your loved one submits on the application be both accurate and up to date. If it’s not trouble typically follows. Examples of inaccurate information include
    • An outdated address
    • The wrong telephone number
    • A misspelled name
    • Omitting a middle name
    • Misrepresenting the age of the accused
    • Lying in response to any question on the application

    In addition the bail application must be filled out in a legible fashion. If it can’t be read by officers of the court chances are it will be rejected outright and you will have to start again from scratch.

  2. Problems between the accused and the indemnitor - The friend or, most typically, the loved one that puts up the bail fee and collateral to obtain a defendant’s release is the most important player in the bail bonding process. Without them the accused will sit in jail, perhaps for months, while awaiting their court date. So it’s in the interest of the accused to treat their liberator with a modicum of respect. We’ve seen far too many cases however, where people in need of help show little courtesy or respect to their would-be indemnitor. It’s a situation that almost never ends well for the accused. Respect the person that is putting their financial life on the line to secure your release. They’ve earned it.
  3. Failure to respect travel limits - In many cases the court will place conditions on bail. For instance they will restrict the ability of the accused to travel after being bailed out. Sometimes those restrictions are no more than confiscating the passport of the accused to prevent them from leaving the country. But in other cases the restrictions may hit much closer to home. The accused may be forbidden from leaving the state or the county or coming within a specified distance of another individual. Those out on bail however, often run afoul of the law by ignoring these restrictions. When caught, their bail is revoked and they are returned to jail to await trial. Be mindful that the court does not take travel violations lightly.
  4. The wrong bondsman - The process of being arrested and obtaining bail is stressful enough. The last thing you need is to work with the wrong bail agent. While most are hardworking conscientious folks who always have the best interest of their clients in mind, a few don’t seem to be all that involved or care all that much about what happens. Or they may be new to the business and simply not yet familiar with all the vagaries of the system and the best ways to get things done in an expeditious fashion. Working with a company like Rapid Release Bail Bonds on the other hand will ensure the process goes as smoothly as possible and that you are back with your loved ones in the shortest possible time.
  5. A bad attitude - In many cases the accused can obtain release on bail without ever having to see a judge. In other cases however, a bail hearing may be scheduled. These typically occur within 48 hours of the arrest. Bail hearings are often called for in the event of more serious crimes or in cases where the defendant may have an extensive criminal record. Before they’ll release you the court wants to be reasonably sure that you’re aware of the seriousness of your situation and that you don’t pose either a flight risk or a threat to the community. If you are argumentative, rude or otherwise hostile to the judge they will most likely conclude you should be held over for trial.

The best way to avoid having problems with bail is to be aware of the things that tend to go wrong. By avoiding the mistakes we’ve described above you stand a good chance of sailing through the bail process.