Knowing Your Rights: What is a Bail Bond?
You know the expression “out on bail,” but do you know how it works?
Bail bonds are a promise that the person released from jail appear for their court date. They require a lump sum of cash, and most Americans post bail using a bail bond company.
What is a bail bond exactly and how does the process work? Keep reading to learn more about bail bonds in the United States.
What You Need to Know About Bail
When the police arrest a person for a crime, they hold them in jail until one of two things happens:
- They appear in court and release them freely
- They get out on recognizance bail
Bail is the set amount of money required to secure a criminal defendant’s release with the promise that they will appear in court for future court dates. The money stays with the court, and the payee gets it back when the defendant fulfills their obligations.
The judge assigned to the case sets the bail. Every judge uses their own experience combined with state regulation to set bail. The Bureau of Justice Statistics found that om the 75 larges U.S. counties, the average bail for a felony charge was $55,400 in 2009.
No national data covers misdemeanor data. However, people charged with misdemeanors are more likely to be released on recognizance, which means they do not need to pay but do need to attend court. A report from New York City showed that 23 percent of misdemeanors received a bail offer.
Even those can be several thousand dollars.
Given that 40 percent of American adults cannot afford a $400 emergency expense, it stands to reason that the justice system opened up room for a way to pay bail when the defendant or their family doesn’t have the cash.
Because affordable bail bonds are increasingly rare, services step in to help those who can’t afford bail. Those services are bail bondsmen, and you’ll learn more about them later.
What is a Bail Bond?
A bail bond is a written document in exchange for relative freedom.
It works like this:
A judge grants a defendant release on the condition of meeting bail. The defendant then pays the bail to the court and agrees to the conditions.
Because bail is often more than the average person has in their bank account, they may choose to work with a bail bond company or a bail bondsman. The bond company puts up the money on behalf of the defendant with the agreement that the defendant upholds their obligations with the court.
In exchange for the service, the bail bond company will ask for a percentage of bail as a fee. They may also ask for collateral or a statement of creditworthiness to ensure they receive the rest of the bail if you don’t meet your obligations.
The most common type of bail bond is a surety bail bond. However, there are also two sub-types of bonds called federal bonds and immigration bonds.
Federal Bail Bonds
Federal bail bonds refer to bail bonds provided to defendants charged with federal crimes in federal courts.
These are less easy to find not because federal charges are rare but because federal charges come with more conditions.
For example, someone charged with a federal crime may need to agree to:
- Appearing at all court dates
- Regular drug testing
- Restricted travel
- Limited business activities
Failing to meet any of these conditions resulted in the forfeit of the bail bond, which makes issuing a bond riskier for agencies.
Immigration Bonds
Immigration bonds are a sub-type of federal bonds. The system uses these in federal immigration cases to release a defendant from an immigration detention facility.
Many bail bondsmen who offer immigration bonds specialize in immigration cases. They also tend to charge higher fees because of the perceived risk of the defendant failing to meet their legal obligations.
Immigration bail bonds also come in two forms: delivery bonds and voluntary departure bonds.
A delivery bond works like a surety bond. It guarantees the defendant will show up in court. A voluntary departure bond comes with the condition that the defendant leaves the U.S. on their own by a specific date or they forfeit the bond.
How You Get Your Money Back
So how do bail bonds work in practice?
Once you pay the court, you have two options: fulfill the terms requested or skip them.
If you appear for court and meet all other conditions, the court dissolves the bail bond. Once terminated, the court returns the money. If you use a bail bondsman, then the money goes back to the bail bond.
They then keep their fee as a profit. As a result, the defendant – or whoever paid the bondsman – won’t get any money back.
What happens if you do not meet the bail conditions?
The court will require that the remaining bail be paid, and it keeps the money. If you use a bail bondsman, they use the collateral your provided to pay the court. The bail bondsman doesn’t profit when they need to pay the court.
You Need to Pay in Cash if You Want a Refund
The only way the defendant gets a refund is if they pay the court in cash from their own pocket.
When you pay in cash – not through a bail bondsman – you then receive a complete refund at the end of the case. You get the money back regardless of whether the jury convicts you of the charges.
Bail Gets You Out of Jail
What is a bail bond?
Judges grant bail bonds to allow you to get out and go about your life while you await trial. However, bail amounts tend to be beyond the reach of the average person.
Because bail requires you to come up with a large amount of cash, many people turn to bail bondsmen. These services post your bond for a fee, and they require collateral in case you don’t meet the conditions of your bail.
The only way to get a refund on your bail is to pay it in cash on your own and meet all the requirements set by the judge.
Were you charged with a crime? A lawyer will work to help get you affordable bail. Click here to search for a lawyer in your area.
What You Need To Know About Student Rights Litigation
As students, you have the right to academic freedom, the right to self-expression and the right to feel safe and secure on the premises of the school. These rights, among many others are vital to the growth and well-being of everyone in the academic arena.
However, sometimes the students’ rights are pushed aside and neglected. This should never be the case, especially when the school is one of the places where the youth is being molded to become the best and most effective versions of themselves for the future of society.
In law, we have what’s called Student Rights Litigation. This is a particular and specific area of specialty that some lawyers and law firms practice.
These student rights stem from the wider and more specific right of every person called due process. Due process is embodied in our Federal Constitution which is specifically found in the Fifth Amendment. The Constitution says that “no one shall be deprived of life, liberty or property without due process of law”.
To put it simply, due process protects the rights of the citizens, in this case the students. This due process clause commands that everybody in all cases shall be given a chance to be heard and have an equal standing with regard to the strict rules of procedure.
Litigation takes place when the school, college or university fails to give the student complainant and student defendant a chance at a fair en banc trial. As a result, the fundamental right to due process of the students is violated.
In student rights litigation, the legal counsels deal with cases of grade appeals, probation appeals, on-campus bullying, drug possession, sexual abuse or harassment, discrimination, and many others.
If you, a family member or a friend have experienced a partial and unjust trial at school, the best thing to do is to make use of the services of a seasoned lawyer so that he or she can effectively defend you and your right as a student and as a citizen of the country.
In choosing a lawyer to represent you in court, make sure to pick a lawyer who has a long experience in litigation like Title IX Attorneys. Having lengthy experience gives the lawyer the advantage of having been exposed to the many complex and unusual circumstances of cases similar to yours.
Moreover, pick a lawyer based on expertise. A taxation lawyer and a student rights lawyer may both be lawyers in the eyes of the law, but they have a very different set of skills and experiences. Choose a lawyer who specializes in student rights litigation to increase your chances of winning the case.
If you do not know any student rights litigation lawyers in your area, consider asking your friends and relatives for good recommendations. If they know one, you can start from there, but do not limit your options just yet. The internet is a rich source of information about lawyers and law firms who you can consult with. Choose wisely because the skill and knowledge of the lawyer you hire is vital to your case.
DataStreet – Safety Laws For Construction Workers
What are the safety laws for construction workers? There are several safety measures which have been put in place for construction workers. The different types for construction jobs will require different safety measures. For instance, if you are involved in high rise building, you need to be secured to avoid falls. Trench workers need to adhere to safety measures which can protect them against collapsing trenches. For the case of electrical works, they should as well adhere to safety measures to avoid electrical shocks. Putting together a quality T&M contract can ensure proper measures are followed and some measures are determined by the type of construction job you are involved. Occupational Health and Safety Administration (OSHA), has ten common standards for safety laws for construction workers. In this article we will discuss five of the common standards.
Safety Laws For Construction Workers
Scaffolding Laws
When scaffolds are used, they should be well secured to avoid injuries due to falls. Ensure you remove unstable objects such as boxes and loose bricks before you erect a scaffold. When mounting the scaffolds, they should be erected when supervised by a competent personal. There are several safety measures which should be taken at all times to avoid injuries associated with scaffolding.
Fall Protection
| In a construction site, falls contribute to a lot of injuries each year. In most cases, they involve falls from elevated surfaces such as ladders and high construction sites. There are several safety measures which can be put into place to protect against the falls. They include use of covers, safety nets, fall arrest systems and restraints which can protect against falls. Some of the solutions to such form of injuries include prevention measures such as using aerial lifts which can provide safe working environments. | |
Guardrails should be provided to avoid the falls. Safety net systems can act as barriers which can protect you against possible falls. All ladders should be well secured before you can start using them in your construction site. To avoid injuries along stair ways, they should have guard rails to avoid slip and fall.
Trenching
There are cases where trenches have fallen which leads to fatal accidents. Some of the safety measures which can be employed include avoiding unprotected trenches. A registered professional engineer should be employed to supervise trench construction. There are several trench safety measures; they should be adhered to so that you can avoid cases where you can end up having fatalities in your trench construction site.
Head Protection
| If workers are an area where there is risk of objects falling, then they should all wear protective hats. They should as well have eye and ear protection to avoid cases where toxic substances or too much noise can affect them. In each construction site, a safety checklist should be carried out to ensure all workers adhere to the regulations to avoid the adverse effects associated with the falls. | |
Foot Protection
In a work environment, proper footwear should be worn at all times to avoid possible injury. The worker should as well have hand as well as eye protection. To achieve the best results, you need to assess the work environment before you come up with the best protective gear which can keep your workers protected.
What are safety laws for construction workers? The above are some of the factors you need to take into consideration so that you can adhere with the safety laws in a construction site. OSHA outlines regulations construction companies need to follow in order to ensure the safety of their employees.
Rights And Responsibilities Of Movers
In this article, we will discuss the rights and responsibilities of movers in case you are planning to relocate. In fact, it is extremely important to understand your rights as well as responsibilities while moving to ensure that you have a seamless moving experience.
Responsibility Of The Mover And The Consumer
| It is the responsibility of your mover to provide you with a printed copy prepared by the FHA (Federal Highway Administration). The pamphlet consists of rules that you must know for safeguarding yourself while moving. It is imperative for both the mover and the consumer to comply with such restrictions. Your accountability as a consumer commences with the proper selection of an experienced mover while making sure that you are aware of the conditions and terms | |
of the agreement, and what to do in case a problem comes up.
Whether you’re moving hangers or pianos, the mover is responsible for responding to all your queries and also supplying you written info, the contact number and the title of the organization, as well as in-depth procedures to submit any query. Written information also needs to incorporate the binding estimations.
The existing costs might surpass the estimate, and therefore, the consumers should be aware of the fact that any non-binding estimates might not be correct. You must likewise consider the verification of the mover since most of them do not have any personal truck and are responsible for arranging the transport.
Role Played By Household Goods Broker
According to the pamphlet, no household goods broker must signify itself as a mover, and the actions of these are restricted to obtaining a certified mover to supply your transport. Whatever the case, it is best to request the mover regarding the shipping dates as well as the availability of confirmed pickup.
Household goods broker agents aren’t accountable for any loss or damage of the items and they are also not certified to offer estimations for the movers. Although you may be offered an estimate from time to time by a household goods agent, it might not be binding on the specific mover due to the fact that you need to pay for the mover’s charges.
What To Do In Case Of Any Loss Or Damage
When it comes to the movers, make sure to know their obligation for loss or damage, and you may also ask for an explanation of the difference between valuation and insurance. All movers are required to provide a dispute settlement plan to the consumers as an alternative to the damage claims.
Verification Of The Documents
Take care in case a mover simply offers you partial documents for your signature. Make it a point to verify the paperwork to see whether it is complete prior to signing them. Mover’s paperwork ought to include all pertinent details required to figure out the final expenses for the services performed by the mover, which includes standard delivery information as well.
You have got the right to ask for a re-weigh of the cargo at your exclusive discretion by being present on the spot every time your shipping is weighed. According to the requirements, the mover needs to supply a copy of a tariff provision containing the carrier’s rates, guidelines as well as charges which control your shipping delivery.
According to the FHA (Federal Highway Administration), you need to get a minimum of three quotes from different movers out there. When you’re moving in Phoenix, you also have the right to file a claim with the mover to recuperate cash in case he causes loss or harm to your property.
The Payment Procedure
Finally, ensure that you confirm with the mover regarding the payment procedure provided you accept to move under a non-binding estimation. It can be in the form of cash, certified check money order, cashier’s check, or even credit card. Also, keep in mind that you need to do all these arrangements on paper. Let us hope that this post on the rights and responsibilities of movers will come of use to you in case you are planning to move in the upcoming days.
In Conclusion
When hiring a mover, it’s important to know the certain rights and responsibilities of movers to ensure that you’re getting all of the services agreed upon. It’s critical to familiarize yourself with the contents from the Federal Highway Administration about any regulations, and ensure that the mover that you’re working with is credible. You should know what steps to take if there were to be any loss or damage, verify documents, and confirm with the mover in regards to the payment procedure.
3 of The Most Frequently Violated Rights of the Accused
Being accused of a crime can be an awful experience, especially if the charges being levelled against you are unfair or based on bad investigative work. Now is not the time to be self-pitying, however. You need to stay sharp if you want to beat these charges! That starts with knowing exactly what your rights are, and how you might accidentally be stripped of them by your own actions.
An accusation against you, or even your arrest, does not carry the weight of a conviction. You are considered innocent until your guilt is proven beyond reasonable doubt. To enforce these civil liberties, the US Constitution has several provisions that give rights to accused persons like yourself. By understanding what they are, and how they are exercised, you may be able to save yourself from an unjust conviction!
1. The right to remain silent
Upon arrest, the apprehending police officer is required to read to you four constitutional rights (referred to as the Miranda Rights). The right to remain silent is the first one, and for good reason. This right enforces the principle that you cannot be forced to incriminate or provide testimony against yourself.The right to remain silent is a direct offshoot of the self-incrimination clause in the Fifth Amendment of the US Constitution.
You must declare that you are using this right as of the recent decision Salinas v. Texas. Simply remaining silent is not enough to invoke your rights. Say “I am choosing to exercise my right to remain silent”. Then, say nothing until you speak to your lawyer. You can invoke this right even during police interrogation, and it will have to be ceased.
Interrogation can only resume after the police officers have ‘scrupulously honored’ your rights as the accused. This is determined mainly by the length of time between the termination of the first interrogation, the commencement of the second, and the rereading of the Miranda warnings.
2. The right to be represented by counsel
You have the right to be represented by counsel. If you can’t afford legal counsel, the state is bound to give you one. This is one of the rights read in the Miranda Warnings.
If you can, you should choose a firm that is local and has a lot of experience with the type of law you need. If you live in Las Vegas, for example, and you need lawyers who know how to handle DUIs, you would come across firms like Las Vegas Defense Group during your search. Make sure you take advantage of a complete consultation before agreeing to representation, no matter who you choose.
During the preliminary stage, your lawyer will help you understand your rights and prepare for early court appearances. If the case gets past the preliminary stage, your lawyer will start preparing evidence for a trial.
Exercising this right is a necessity, because a lawyer has more knowledge, not only of the law, but of how the courts process cases and complaints. The courts can be very strict and mistakes caused by mere ignorance are not always forgiven.
3. The right to compel a witness to testify on your behalf
During trial, you as the accused have the right to gather favorable witnesses and compel those witnesses to provide testimony and/or material evidence on court. This right can be most easily lost if you just fail to take advantage of it, or are wrongfully convinced that their testimony shouldn’t be used.
You should compel witnesses that can support your side, even if you’re worried that it will be inconvenient for that person to appear. This is about your freedom, after all! It is the courts that will enforce this right. The courts will send subpoenas, and the recipients are required to appear on the specified date and time. If they fail to show, bench warrants can be issued. Such issuances call for their immediate arrest.
You are given this right to effectively minimize prejudice against you.