Under the US Constitution, courts may set reasonable bail in order to make sure a criminal defendant appears in court. Typically, someone who is arrested will be taken before a magistrate and bond will be set. Depending on the county, either an attorney or a bail bondsmen can make bond for a criminal defendant. You will have to pay for the bond, usually a percentage of the amount set. If an attorney makes your bond, then that attorney must represent you in the criminal case and that typically involves an additional fee. Some bondsmen will take property as a security for the bond. You will be required to report in to the bondsman on a regular basis. If you fail to follow your bondsman’s rules, he or she may withdraw from your bond, in which case you will be re-arrested. The courts will also set conditions on your bond, such as an order not to use illegal drugs or consume alcohol. If you violate those conditions, the court can declare your bond insufficient and you will be re-arrested and required to make a new higher bond. BEWARE: In some counties, grand juries will “recommend” a higher bond then what was set by the magistrate. If that happens, you may be re-arrested the first time you appear in court and will have to make a new bond.
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