If you are arrested for an offense such as Driving Under the Influence or any other violation punishable by imprisonment, you will be required to go through a specific process. In this article, we will let you know what to expect including the terms involved in every step.
As we all know, every person arrested has the right to post bail, that is if the offense is not too serious as to endanger the lives of people. Aside from cash and bail bond, arrested individuals can also use proper as collateral for bail or as an addition to the cash amount paid for it.
What is bail collateral?
As what was said earlier, a bail collateral is a property offered in place of or in addition to bail money to secure your release if you are the subject of an arrest. Like cash bail, it is intended to make sure that you would show up in court for your hearing, arraignment or any other court proceedings that require your presence. Properties that can be used as bail collateral include:
- Cars
- Houses
- Jewelries
- pawnable items
- savings and investments
If you want to offer a large property such as a house or car to secure bail collateral, the court or bail bondsman will ask you to place a deed in their trust. However, if your collateral is a small item like jewelry, the court or bail bond company will take physical possession of those items and keep them in a safe place until your case is finally resolved.
What happens if the defendant fails to appear in court?
If you post bail collateral for someone and that person fails to show up in court, the court will move to collect your collateral. Remember that bail is intended to make sure a defendant’s presence on all court dates and if this is breached, the bail or its collateral can be forfeited in the court’s favor. The forfeiture of bail collateral typically involves seizure and sale of a property.
Is bail collateral returned to the owner?
A property offered to the court as bail collateral will be returned once the case of the person for which the bail was posted is completed regardless of whether the defendant is found innocent, the charges are dropped, the suspect is found guilty or the bail is exonerated.
If in case something happens that leads to an arrest, you must make sure that your rights are protected. Seek the help of a legal counsel and get an able bail bond firm like the bail bonds Aurora near me specialists to process bail for your immediate release.