Understanding Arrest Warrants

When someone has been charged with a crime and has yet to be sentenced, a judge will issue an arrest warrant, ordering their arrest. A person can receive an arrest warrant for many different reasons: neglecting to pay parking tickets, missing a court date, violating a term in your probation, or if they are suspected of committing a crime, among other issues. Receiving an arrest warrant can be a confusing and troubling experience. However, here’s what you should keep in mind if you or a loved one receives an arrest warrant.

Why do arrest warrants happen? When a law enforcement officer presents the judge with probable cause for arresting an individual, they must demonstrate evidence in order for their request to be granted. If the police witnesses a crime, then an arrest warrant is not required. They are usually only initiated when a crime is committed without police witness, but with probable cause or evidence.

When do they happen? Law enforcement doesn’t take into consideration the accused’s schedule or personal obligations. Once an arrest warrant is served, the subject can be arrested anywhere at any time of day. However, not all arrest warrants are executed immediately. There are millions of outstanding arrest warrants throughout the country.

What should you do? If there’s a warrant out for your arrest, under no circumstance should you try to flee from the law. You should reach out to an attorney and consult them on your charges. They will help you determine the validity of your warrant, and evaluate the situation to figure out if a false testimony or error was made. A strong attorney is your most important asset for when you head to trial, and they can help you reduce or eliminate the charges.

For more information about arrest warrants, contact Gerald Madrid Bail Bonds today!

Are There Different Types of Bail Bonds?

Watching a friend or loved one get arrested and booked with a crime is an arduous and painful process that can be challenging to navigate. Posting bail releases the defendant back into the public until his or her court date. However, there are different types of bails for every kind of charge, and it’s important to understand the ramifications of the case at hand.

Depending on the defendant’s financial situation and charge, they might pay either a cash bond, surety bond, property bond, federal bond, or immigration bond. Here’s a rundown of the different kind of bonds:

Cash bond. If the judge considers the defendant to be a flight risk, they might have to post the full amount of their bail in cash, rather than property or a promissory note. If the defendant neglects their court hearings, then they forfeit the bail and will be arrested. However, if they attend all of their scheduled court dates then the cash bond will be returned to them upon sentencing.

Surety bond. Otherwise known as a bail bond, this bond is implemented when the defendant can’t afford to pay the bond set by the judge. A bond agent and the defendant will agree to pay the full amount if the defendant doesn’t show up at their court dates. The bond agent will charge the defendant a premium, and in some cases, they will take personal items as collateral. If the defendant doesn’t appear in court, or the agent never receives his or her fees, a bounty hunter may be sent to track down the accused.

Property bond. A judge can issue a property bond to ensure the defendant pays their bail. In these instances, the state will take possession of major personal property, such as a car, house, or other forms of property. The court then places a lien on the property, which gives them the right to repossess or foreclose on the real estate or property if the defendant fails to show up in court

Federal bond. In the case of an alleged federal crime, the defendant will be served a federal bond. Unlike a state bond, a federal bond is issued by a federal judge, and depending on the circumstances may be required to be paid in cash or with a property lien.

Immigration bond. If Immigrations and Customs Enforcement arrests a friend or loved one for issues pertaining to their visa or legal status, the judge will set a bail amount. This bond is called an immigration bond, and the immigrant’s friends or relatives will need to pay the bond in order for them to be released from the detention center and given a court date.

 

Have any more questions? Contact Gerald Madrid Bail Bonds today!

Bail Bond Basics

When someone is arrested and charged for a crime, they’re entered into the police record system and must wait for the judge to set bail. Defendants are ordered to pay bail bonds so that they can return to their communities until their trial starts. Bail is money or other property deposited with or promised to a court to persuade the judge to release a defendant from jail, with the understanding that the defendant will return to court for trial, or forfeit the bail money paid. In instances where the defendant or their family members or friends can’t afford bail, they can hire a bail bond agent, or bondsman, who gives those funds to the court on behalf of the defendant to pay their bail.

Bail can be posted any time after the bail hearing, and the payment can be made during the court clerk’s business hours, or at the jail in the evening. Either facility will issue a receipt as proof of payment.

Although the defendant has been released after posting bail, their status is contingent on making their court date. If they fail to appear in court, the judge will schedule a forfeiture hearing and issue an arrest warrant. At that point, the defendant is given the opportunity to explain why he or she missed their court appointment. If they don’t show up to the forfeiture hearing, or don’t have a viable excuse as to why they couldn’t make it, the court will keep the bond funds.

A bail agent posts the bail on behalf of the defendant. They charge a non-refundable 10 percent premium of the bail fee, which is a state-regulated rate. If the defendant doesn’t show up to their court date, the agent is responsible for arresting them, and bringing him or her to court. Depending on the state, the agent can hire a bounty hunter to find and arrest the defendant. Once he or she is located, the agent is entitled to bring a civil lawsuit against the defendant to recover the bail money.

Every state has their own bail guidelines and laws. In New Mexico, the bail agency must charge the non-refundable 10 percent premium rate in accordance with the New Mexico Department of Insurance.

For more information about how bail bonds work, contact Gerald Madrid Bail Bonds today!