When a criminal defendant pays bail, they leave the court’s custody and enter into a legal agreement. By entering into this agreement, the defendant consents to appear for their trial at a later date. For those who aren’t able to pay the bail outright, a bail bond is a possible option. A bail bond is another legal agreement between a criminal defendant, the court, and a bail bondsman. The bondsman signs an agreement that they will pay the court the full bail amount if you fail to appear for the set trial dates in exchange for a fee paid by the defendant. This allows the defendant to leave the court’s custody, even if they can’t pay bail immediately. Some states allow bail bond agents to appear in court, while others do not.
When Would a Bail Bondsman Come to Court?
The role of bail bond agents varies in different states. Some states incorporate them into the legal procedure, while others prohibit bail bonds altogether. The following are scenarios in which a bail bond agent may come to court:
When Paying Your Bail Bond
If you reach out to a bail bondsman, they may ask questions to assess your situation and whether or not you qualify for their services. If you do qualify, they may appear in court to pay your bail and organize an agreement with you.
Bail Review Hearing
The prosecution has the right to schedule a bail review hearing if they feel that the bail amount was set too low. A bail bondsman may attend this hearing to provide additional information about the defendant’s ability to appear in court. The agent will often support the original bail amount in favor of the defendant.
Forfeiture Hearings
A bondsman is obligated to pay the full bail amount to the court if the defendant fails to appear for their trial dates. Many state laws allow the bondsman to arrest the defendant if they do not appear for their trial date. In this case, the bondsman may also attend future hearings or trial dates.
Witnessing
The bail bond agent can be called on as one of your witnesses in some cases. In such a case, the court will require them to come to court and testify in connection with your case.
When Won’t a Bail Bondsman Come to Court?
If the defendant appears in court as agreed, the bondsmen may never have to come to court. When the defendant appears in court as stipulated in the bail bond agreement, they run a lower risk to the bail bondsman. A bondsman may choose to appear as an observer in court as a way of tracking their investment. They won’t likely be asked to attend court unless the defendant presents an inability to show up to court dates.
Bail Bonds Services May Be Able To Help You
The presence of a bail bondsman in court depends on the specific circumstances of the case, the terms of the bail bond agreement, and how well the defendant upholds their end of the deal. Some states allow bail bond agents to appear in court, while others have outlawed that practice.
