Looking for Release from Jail? What You Should Know About Attorney Bail Bonds
For most people, the mention of needing a bail bond brings up thoughts of a bail bondsman's services. However, a bondsman isn't your only option for securing release from jail, and in some cases, it isn't your best option. In fact, you can actually have an attorney post your bond if you know how to handle it. Here is a look at some of what you need to know about attorneys and bail bond services.
What's the Difference Between a Bondsman and an Attorney Bond?
There really isn't much difference between working with a bondsman and working with an attorney for your bond. You still have to pay the bond deposit that's required in your state, which is typically ten percent or something similar. That's your responsibility toward your release.
Both bonds are viewed in the same basic way by the courts, and they must be handled in the same manner. The only real difference is who physically holds your bond and the responsibility for your legal accountability.
Traditionally, a bail bondsman holds your bond with the court and is responsible for ensuring that you arrive at your hearings and follow your bond conditions. If an attorney posts your bond, the attorney holds that responsibility instead.
What Are the Restrictions to an Attorney Bond?
There is one key stipulation associated with having an attorney post your bond. In order for an attorney to post a bond for someone, they must legally file a representation commitment with the court. This means that, if you have a lawyer post your bond, you must have that lawyer represent you in your case.
That doesn't mean that they must be the only representation that you have. You are welcome to have an additional attorney if you feel it is necessary, but the lawyer that posts your bond must work your case and represent you in some capacity in order for the bond posting to be acceptable by the court.
Why Would You Want an Attorney Bond?
You might wonder why it would be better to seek an attorney bond instead of working with a bail bondsman. The fact is that, in most cases, it may not really make much difference either way. However, one big difference in your situation with an attorney bond is that you may actually be released from jail sooner than if you work with a bondsman.
When you pay a bondsman for your release, he or she must then go to the courts, fill out paperwork, and wait for a release hearing so that the judge can approve the bond and release you from jail. This can take a few hours at best, and a day or more in some cases.
With an attorney bond, that wait time can be significantly reduced. Remember that, as your attorney of record, he or she has direct communication with the courts and can seek an audience with the judge to secure signature for your release directly. This can lead to your release from jail happening much sooner, which can be a welcome relief.
What Should You Consider When Seeking an Attorney Bond?
There are a couple of things you should think about if you're considering seeking an attorney bond. First, because the attorney who posts your bond must be an active part of your legal team, you should only seek bond release from an attorney with a solid track record in your type of case. Don't hire an attorney solely because he or she is willing to secure your bond, because then you could end up with subpar legal representation if they aren't experienced with cases like yours.
In addition, make sure you clarify whether or not your bond deposit will be applied to your legal fees. Since they get that bond deposit back when your case is determined, some attorneys will apply that to your legal fees, reducing what you have to pay additionally out of pocket for your representation.
Others will require you to pay for all of your representation costs up front, and will refund your bond deposit to you at the end of the case, or will keep the deposit as their payment for releasing you from jail. Make sure that you understand exactly how your bond deposit will be handled before you agree to the attorney bond.
Call someone like Raymond Martinez Attorney at Law for more information about bail bond lawyer services.