Getting bail is a privilege the judiciary allows an accused on the assurance that he/she will not violate any of its fixed conditions. Those who disrespect the conditions of their probation are at a serious risk of serving jail time or having to suffer other dire consequences including a restriction on renewing their bail. It is extremely tough to get released on bail when an accused violates their probation.
Month: July 2013
If you, or someone you know, is facing criminal arrest or time in jail, be prepared to be overwhelmed with new legal vocabulary. Two of the terms you might hear are “bail bondsman” and “bounty hunter.” You’ve probably driven by a storefront advertising bail bonds, or heard of the television personality, “Dog the Bounty Hunter.” With a limited understanding beyond storefronts and Hollywood productions, people often conflate the two professions. However, though bondsmen and bounty hunters work together, their job descriptions are quite different. Take a minute to familiarize yourself with each position and the situations where you might encounter them.
Whether it’s updating social media, checking email, doing homework, or performing the daily tasks of a job, the majority of us use the Internet every day. Unfortunately, some people use the Web to break the law and commit cyber crimes. Ranging from downloading music illegally to cyber bullying, cyber crimes encompass a wide scope of illicit activity. For example, phishing schemes, identity theft, Internet fraud, cyber-stalking, hacking, and online child pornography are all included in this umbrella term. With the growth of the Internet, these crimes are becoming more popular and some specific instances have even gained national attention. For example, “doxxing”, which is the hacking and publishing of celebrity’s financial information, has been in the news lately. This form of cyber crime has affected celebrities from Kim Kardashian to Michelle Obama.
How Bail is Handled for Cyber Crimes
Although cyber crimes are unique, they are subject to the same regulations as other crimes in our country. When arrested, the perpetrator is sent to jail where they must wait until their trial date or until they post bail. Salt Lake City Bail, which is a cash amount or property that is given to the state, varies depending on the crime and is meant to ensure that the defendant will come to court following their release. In some situations, the jail will have a chart containing information regarding bail, but in others the defendant must wait to appear before a judge who will set bail for them. Regardless of how bail is set, it must follow the Eighth Amendment, which outlaws excessive bail. If a person who is in jail is unable to afford their bail, they can contact a bail bondsman. A bail bondsman, or bond agent, is a professional who will take the financial responsibility and post bail for the accused, thus getting them out of jail. The bail bondsman will then require the defendant to pay the amount off (plus interest) at a later date. If the defendant uses a bail bondsman to help post bail and does not show up to court, however, the bond agent has the right to hire a bounty hunter and can even sue the defendant and take various assets as outlined in their contract.
After the Bail Reform Act of 1966, non-capital offenders were given the right to get out of jail on a bail, which was not outlined in the Constitution. Years later, the United States Code Title 18 Sections 3141-3150 was changed and allowed for pre-trial detention based on judgments concerning an individual’s danger to the community and their flight risk. This updated version of the Bail Reform Act also specifies which circumstances allow judges to deny a criminal bail. Crimes of violence, certain drug charges, repeat felony offenders, serious flight risks, obstruction of justice charges, and witness tampering charges are circumstances in which a judge may chose not to release a criminal on bail. Because most of these circumstances do not apply to cyber-crime perpetrators, most people who are arrested for cyber crimes are able to post bail and get out of jail, often using a bail bondsman. If any of the above criteria are met, however, the cyber criminal might not be able to post bail and get out of jail before their trial date.