What is bail, and How does it work?

Published November 5, 2013 | By Gmadrid

The right to bail comes from the 8th amendment of the U.S constitution and is included in the New Mexico constitution as well. Anyone accused of a crime in most cases is entitled to reasonable bail. A bail bond in simple terms is an insurance policy or a guarantee that a criminal defendant will appear in court as required. A bail bond can posted by a licensed professional bail bonds person or by a private citizen who in turn deposits the full amount of the bond in cash with the Court.

Once a bail bond is posted, the defendant will be released from custody on certain conditions set by the Court. The most obvious condition is that the defendant appear each and every time until final disposition of the case. A bail bond is a guarantee for appearance and does not deal in guilt or innocence of a defendant .

If a person flees or fails to appear in court, the bail bond company is then required to find that person and bring them back to the custody of the Court.