In this article, an experienced Grosse Pointe criminal defense attorney examines the various forms that bail can take.
Your Grosse Pointe criminal defense lawyer can explain that under a surety bond, another person is required by the court to place their name on a written promise that you will appear at your trial if granted release in the interim. In other words, this person is held responsible for your appearance or lack of same. It may only require their signature, or a sum of money may be required as a guarantee. The individual signing the bond, or suretor, may be a bail-bond agent, personal friend or a family member.
The Home as Bail Collateral
Your Grosse Pointe criminal defense attorney can advise you that real property such as your home or someone else’s can be named as surety in a bail situation. This is called a “real property bond” and is not an unusual practice. The following is a list of some of the advantages for pledging your property or that of your suretor:
- It spares your money for ordinary day to day costs and litigation fees;
- It spares the interest your funds would have accrued. Further, it saves you having to pay interest were you to borrow against your home through a home equity loan or mortgage; and
- It assists your Grosse Pointe criminal defense attorney in his or her defense of you that you are willing to put your home up as surety of your appearance. Since failing to appear can render you homeless, it serves to demonstrate to the court that you won’t run away or present a threat to the local population. Further, for someone else to deem you sufficiently trustworthy to risk their home to help you speaks well for your intention to be present at the appointed time.
Procedure for Posting Real Estate
Your Grosse Pointe criminal defense attorney will need to confirm that your property contains sufficient value by having it appraised. The value of your home can also be confirmed via the county’s tax assessment. Documentation such as certified copies of your deed, mortgage or any liens may also be needed. As it may take some time to assemble the copies, you may have to wait to be released.
However, your Grosse Pointe criminal defense lawyer also has the option of introducing the original documents from when you bought the house and documentation from the financial institution that holds the loan to verify the amounts still to be paid on the loan and the amounts of principal and equity already invested in the property.
Filing a Lien
Your Grosse Pointe criminal defense attorney may be required by the court to use a lien placed against your home to keep it from being sold while your case is being conducted. In such a case, your attorney should petition the court to first release you and then present a copy of the lien to the court as quickly as he or she can, preferably within a day’s time.
The Property Bond
Basically, a property bond says that if you do not abide by the conditions imposed in the bond, you will lose your home. Ideally, your Grosse Pointe criminal defense lawyer will try to stipulate that the loss of your home be contingent on failure to appear as opposed to whatever other requirements the bond may contain. Should there be any ambiguity concerning the meaning of any of the conditions, a request should be made by your attorney that the magistrate specify the circumstances under which your property might be forfeited as a matter of record.
Find Help Now
If you require assistance or need more information, don’t wait. Contact Timothy A. Dinan, your Grosse Pointe criminal defense attorney, at 313-821-5904.