Why Bail Bonds Services Are So Important for Defendants With Financial Struggles

The bail requirements of the U.S. court system substantially favor defendants who are not struggling financially. Many lower-income individuals must remain in jail even though they haven't been convicted of the charges. Those with access to a bail bonds business have the opportunity to be released without paying cash bail. Instead, they pay a service fee to a licensed agency that posts a bond with the jail.

Managing the Service Fee

The bonding fee is a percentage of the cash bail and is nonrefundable since this is the payment for the agency's work. In contrast, the court refunds cash bail when the case ends, even if the defendant is found guilty. However, a large number of defendants cannot afford the amount set by the court.

In some instances, even the service fee is out of reach for people dealing with financial struggles. These agencies typically make payment arrangements for clients with an affordable installment plan. If this still is unworkable, the defendant's lawyer may be able to persuade a judge to lower the bail amount at a hearing. That, in turn, reduces the bonding fee.

The Pitfalls of Plea Bargains

In states that do not have bail bond agencies, defendants who cannot afford bail may have only one option for quick release: pleading guilty. The prosecuting attorney may offer a plea deal with a sentence of probation. An incarceration sentence could be required, but it might be relatively short and allow the person to stay in the county jail instead of being transferred to a state prison.

The significant downside is that this individual now has a criminal record, even if he or she was actually innocent. Probation sentences also can be very strict, limiting the person's freedom to a certain extent. For example, the individual might need written consent from the probation officer to travel out of state.

Having Time to Decide

Most criminal cases end in plea deals, and not only because of issues with bail. At some point after release, the defendant might still decide this is the smartest decision. However, there is no rush to make this choice after leaving jail.

The lawyer and the client have additional time to discuss the advantages and problems with pleading guilty. There also is more time for the lawyer to discover evidence that casts doubt on the defendant's possible guilt. The defendant continues with work and other normal life activities in the meantime. 

Talk to a bail bond agency, such as Abel Bail Bonds, to learn more.