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If I Have An Attorney Why Do I Need A Bail Bondsman?
No CommentsPeople often confuse the functions of a bail bondsman and an attorney. They actually perform very different jobs for the defendant. Defendants will often ask an attorney how does bail work? But the bail bondsman is by far the best person to ask. It is their job to know how bail works in the jurisdiction it is required in.
For instance, bail is applied differently based on federal or state jurisdiction. It is also applied differently based on the state, and in some cases even the counties and cities. Only a bail bondsman who is actually working with bails on a daily basis in each of these jurisdictions can best answer questions about it.
The attorney can provide legal advice, but they are rarely licensed to provide bail to their clients. In most jurisdictions, the bail bondsman is required to pass one or more tests, including criminal background checks. In a state like Nevada, there is further testing to become a licensed bounty hunter. So when it comes to bail bonds Las Vegas is a city that rigorously controls the bondsman.
The bail bond is basically money set aside for the court to ensure that if the defendant is allowed out of jail, they will make all required court appearances. The bail bondsman provides that money guarantee to the court on behalf of the defendant. Should the defendant not make an appearance, the bondsman may forfeit all their money. Because of that, they will often require collateral from the defendant. Perhaps a home lien or even a car. Since there is a lot of money at risk, both the court and the bail bondsman take it very seriously.
The defendant’s attorney will not be involved in setting the bail. Although they may represent the defendant at the bail hearing in order to try to reduce the bail amount. Ultimately, both the attorney and the bail bondsman need to work together in order to best represent the defendant.
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