What happens if the defendant dies while under a Bail bond?

By March 22, 2022Bail Bonds, News
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Getting arrested and taken into police custody is one of the worst things one could experience. Good thing is that most crimes are entitled to bail. A judge will determine the amount of bail that needs to be posted for the accused to be released from police custody. The amount depends on several factors, particularly on the nature and severity of the offense committed and the risk or danger of the accused to the public and community. Thus, the judge may set the bail higher for serious felony crimes like murder and violence compared to the defendant who is only accused of DUI. 

Bail, in the legal sense, is not viewed as a punishment or penalty but only acts as a surety that the defendant will appear on court proceedings of their case. Once all the court hearings are done, whether the accused is proven to be guilty or not guilty, the bail in the form of cash, property, or bond will be returned to the defendant. However, if the defendant fails to appear in court or violates any conditions set by the judge, the amount posted for bail will be forfeited and the money and property put up as collateral may be lost. Check out Denver bonds on how to avail a bail bond instead.

In most cases, the bail amount set by the judges is exorbitant and the defendant or their family or relatives can’t afford to pay them. This is where 24 hour bail bonds through a bail bondsman come in. A bail bondsman is a person or agency that provides a bond agreement with people who are charged with crimes but cannot afford to post bail on their own. In this case, the bail bondsman will act as the middleman between the defendant and the court and post the bail. 

The bail bondsman will typically charge a non-refundable fee of 10% of the bond amount which will serve as the bail bonding fee. Normally, the bail bondsman will require a co-signer of the bond agreement whether a family member or friend of the defendant. If in case the accused person fails to appear in court, the bail will be forfeited and the person who co-signed the bond agreement will be responsible for paying the bail bondsman with the full bail amount. Ask a Denver bail bonds agency for more information about availing bail bonds.

But what if in an unfortunate situation, the defendant passes away during court cases and is out on bail bond? This is a sad reality, and we need to look into what really happens during this type of situation. When bail is posted through a bail bondsman or agency, if there is collateral involved such as property, vehicles, or homes, once the court closes the case, the bail bondsman will cancel the contract and return the collateral to the rightful owner. However, the 10% “bail bonding fee” paid will not be refunded as this is the cost of the bondsman services even though the untimely death of the defendant happened. 

If you need a trusted and experienced 24-hour bail bonds agency, Red’s Anytime Bail Bonds has 40 years of experience in the industry and is there to guide you through the process and make sure that your loved ones will safely get out of jail and be reunited with you at home. Call now!