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What are federal bail bonds and how do they work? When you or someone you know gets arrested, bail will be set to guarantee you/their release. This will be a sum of money related to the charges - generally speaking, the more severe the crime, the higher the bail amount will be. To release someone from jail before their trial, you must post bail by paying this amount. Most people cannot do this, which is where bail bonds come in.
A bail bond is a way of borrowing money to post bail. You work with a bail bond company - like 24 Hour Online Bail Bonds - and we help you afford bail. You’ll pay a fee for the services and a surety bond is then given to the courts in place of financial payment. It is a legal agreement between the bail bond agency, the court, and the defendant implying that the defendant will attend all court appearances throughout their trial. They’re released on bail and the bond will be returned to the bail bond agency if the defendant follows all conditions until the trial concludes.
In other words, bail bonds help you post bail when you can’t afford the full costs yourself. However, multiple types of bail bonds exist. State bail bonds are the most common and will be used in any cases related to state criminal charges. Federal bonds are similar, though with a slight twist - and this guide will explain more.
Federal Bail Bonds Explained
The premise of a federal bail bond is similar to that of a state one; you’re given a way to pay the bail charges without spending lots of money in one go. The core difference is that federal bail bonds are explicitly for federal court cases. This means they are only used when someone is charged with a federal offense.
According to Clarifacts, a federal crime is any offense that directly violates US federal laws. They are investigated by federal law enforcement and are prosecuted in federal courts with federal judges. A wide range of crimes come under this heading with the most common ones being:
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Sexual assault
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Smuggling
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Trafficking
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Immigration offenses
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Drug importation
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Hacking crimes
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Forgery
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Embezzlement
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Arson
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Cyber crimes
The list goes on - and if you or someone you know is charged with a federal crime, the only way to be released on bail is through a federal bail bond.
How Do Federal Bail Bonds Differ From State Bail Bonds?
The obvious answer is that federal bail bonds are for federal crimes while state bail bonds are for crimes handled by the state. With that being said, there is typically one major difference between the two:
Federal bail bonds cost more money and tend to be higher than state bail bonds.
This is largely down to the severity of federal offenses. When someone is charged with a federal crime, it’s more serious than a lot of state crimes. As such, federal courts will slap a higher bail amount to reflect the severity of this crime. This also translates to the overall fee for a federal bail bond; many bail bond agencies will charge more for this service because it’s more serious and there’s a higher degree of risk if the defendant skips bail.
The fees for state bail bonds are typically around 10% in California though they can rise to 15% for federal bail bonds.
How Federal Bail Bonds Work
We’ve already touched upon how bail bonds in general work - and federal bail bonds are fairly similar in this regard:
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It begins with an arrest & charges - You or someone you know gets arrested and charged with a federal crime. You’ll appear before a federal magistrate judge when you’re charged and this will determine the next steps.
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Bail is set for the offense - Some federal crimes are so severe they don’t warrant bail, but as we’re talking about federal bail bonds let’s assume the crime in question is granted bail. A bail hearing is held to figure out how much money should be used for bail and the defendant is then given time to post this. You can post bail at any point following this hearing, but the sooner the better.
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A federal bail bond is secured - As mentioned before, most people can’t afford to pay the full bail amount. Even if they can, it’s often not a financially savvy decision to part with so much money in one go. It is far more affordable to pay a 10 or 15% fee for a federal bail bond. At this point, you should contact 24 Hour Online Bail Bonds to claim your federal bail bond. We offer great bond payment plans to make the fee even easier to pay, helping you manage your finances in this difficult situation. Getting your federal bail bond is as easy as filling in a few forms and paying the fee - we’ll handle the next steps.
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Bail is posted for the defendant - Your bail bond agency will contact the court and post bail for you. The defendant is then released and must follow strict conditions to ensure they’re not arrested again or that the bail bond becomes void.
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The defendant attends all court dates - After being released on bail, the defendant will attend all of the scheduled court dates. They can live at home throughout the process through to the trial’s conclusion. Regardless of the outcome, if the defendant complies with the bail conditions, the full bail amount will be released back to the bail bond agency. Keep in mind that the fee for a federal bail bond is non-refundable as this is how bail bondsmen make money.
What Are The Conditions Of A Federal Bail Bond?
A federal bail bond will have the same main conditions as all other bail bonds. Primarily, the defendant agrees to attend all court appearances and will avoid getting into trouble.
Alongside this, the federal judge may attach other conditions based on the crime’s severity and the individual’s personal history. This can include:
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Travel restrictions preventing you from leaving the state
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Movement restrictions via an electronic tracking device
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Ceasing communication with other witnesses in the case
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Agreeing to comply with any aspects of an investigation that may arise
If all of these conditions are followed and met, the defendant won’t run into issues and the federal bail bond will stay in place. It remains this way until the trial ends, at which point the bond will be exonerated.
What happens if federal bail bond conditions aren’t followed? This is where problems arise for the defendant and the bail bond agency. If the conditions are broken, the court will retain the federal bail bond, meaning the bail bond agency loses a lot of money. This is partially why the fees for federal bail bonds are higher as there’s a bigger risk of losing a larger sum of money. To further protect against this, bail bondsmen will require collateral from whoever is taking out a federal bail bond.
This could include property, cars, or other assets that are deemed of a high enough value. Should the defendant violate their federal bail bond conditions, the agency can recoup their losses by seizing the collateral assets.
In a scenario like this, the defendant will likely be charged again and their initial bail is wiped out. Depending on how the court views the situation, a new bail amount is set including the additional charges - or no bail is set at all. That’s why defendants must follow their bail conditions as it can throw the whole situation into disarray and lead to a less favorable outcome for everyone.
Should You Purchase A Federal Bail Bond For Friends/Family?
It is possible to do this, but you should think long and hard before committing. In our experience, it only makes sense to obtain a federal bail bond for someone you know and trust deeply. This is because you will become a cosigner for the federal bail bond and your name will be on it. You then take on the responsibility of the bail bond and are in charge of ensuring the defendant complies with all terms and conditions.
As the cosigner, your assets are likely used as collateral. If the defendant fails to comply, you’re the one who’ll be hit hard by their negligence. As tempting as it is to help a friend or family member during their time of need, you need to think logically about this decision. Only apply for a federal bail bond if you can financially handle one and fully trust the person you’re bailing out.
Federal Bail Bonds: A Conclusion
To summarize, federal bail bonds work the same way as all other bail bonds, but they’re strictly for federal offenses. This means the bail sum is usually greater and the fees charged for federal bail bond services can be higher. If you need more help dealing with federal bail bonds or wish to obtain one for yourself or someone you care about, please don’t hesitate to contact us today!