The chances are that if you’ve never needed bail bonds in Denver, you may not know a lot about bail bonds, bail bondsmen in Denver, or bounty hunters also known as bail fugitive recovery agents. Bail is a significant part of the judicial system, and basic information follows.
Any person arrested in the United States of America has a legal right to bail. The definition of bail is money given as surety that a person freed from jail will return to court for sentencing at a time ordered by a judge.
The basic right provided by bail bonds in Denver is that an accused person doesn’t have to spend more time in judicial custody than is required.
The Constitution guarantees the right to reasonable bail. The amount of bail that must be paid varies. A schedule has been established which sets the amounts for different crimes. This schedule is reviewed annually by senior court judges.
There are additional factors which decide the amount of bail besides the nature of the crime someone is accused of. In the case of serious criminal accusations, the past record of the accused is also taken into consideration as well as any reasonable evidence that the defendant may flee.
For serious crimes, bail is usually set by a judge at an arraignment hearing. For federal crimes, bail is set at detention hearings.
The amount paid for bail is usually a tenth of the total bail. Collateral may be required by a co-signor to cover the full bail amount, if the accused jumps bail or, in other words, fails to appear in court at the required time.
The time between release on bail and sentencing gives the accused time to seek legal aid, develop a defense against the criminal charges, and spend time with family.
When criminal charges are brought against a person who is considered to be a threat to the community, a judge may deny that individual the possibility of bail.
Bail bond forfeiture results when court appearances are missed or when conditions of bail aren’t met. The bail bondsman in Denver is the person who is responsible for a person’s release. So if bond forfeiture occurs, the bondsman must pay the total amount of the bail bond.
The forfeiture of a bond or even the setting aside of a forfeiture are discretionary judicial matters. The court will consider many factors when deciding how much, if any, of the bond to declare forfeit, such as:
- The willfulness of the defendant
- The surety’s level of participation in located and apprehending the defendant
- The costs, inconvenience, and prejudice suffered by the state as a direct result of the defendant’s violation
- Intangible costs
- The interest of the public in ensuring the appearance of the defendant
- Any mitigating factors
The United States Supreme Court has given bail bondsmen the power to detain and arrest a defendant who doesn’t appear in court on the required date. Bail bondsmen in Denver and their contractors or bounty hunters also have the right to detain a defendant until they’re able to bring him or her to proper authorities.
Bail fugitive recovery agents may, by law, cross state lines in pursuit of a defendant who has jumped bail. The bounty hunter can also legally use force and enter any dwelling in order to make the arrest.