Elizabeth B. Carpenter, Esq. — Criminal Attorney New Orleans
If you or a loved one has been arrested while visiting New Orleans, you need a New Orleans Criminal Defense Attorney to help you get out of jail. This is especially true for individuals who are from another state because most commercial bondsman will not offer bonds to people who do not have significant ties to the community.
You may also call or text my cell at 504-621-1931.
It is important to get an experienced Criminal Defense Attorney involved in a case as soon as possible. An good attorney can:
Make sure that a bond is set in a timely manner.
Move the Court to reduce a bond that has been set too high.
Recommend a Commercial Surety/Bondsman.
Move the Court to release the defendant on his own Recognizance.
Types of Bond in Louisiana:
1) Recognizance – when an accused is released on recognizance (ROR ), he or she promises to the court to attend all required judicial proceedings. A monetary amount is set by the court, but is not paid by the defendant. This is also called an unsecured appearance bond or release on one’s own recognizance.
2) Commercial Surety Bond- a bail bondsman agrees to post the bond to guarantee that the accused will return to court. This service is provided commercially by the bail bondsman in exchange for payment of 13% of the bail amount. The bondsman keeps this money regardless of whether the defendant appears in court — it is non-refundable.
3) Property Bond – the accused or a person acting on his behalf posts real property having equity at least equal to the amount of the bail. If the accused fails to appear for trial the state can levy or institute foreclosure proceedings against the property to recover the bail.
4) Cash Bond – the total amount of bail is posted in cash with the court. If the accused does not appear as instructed, the cash bond is forfeited and a bench warrant is issued. If the defendant shows up for their scheduled court appearances, the cash is returned to the person who posted the bond at the conclusion of the case. Anyone including the defendant can post a cash bond. If the defendant posts his own bond, the Court will deduct fines and costs from the bond before returning any balance.
5) Personal Surety Bond (PSBU) – This is a signature bond by someone other than the defendant (usually a family member) who pledges the full amount of the bond. Typically a hearing is held where the third party guarantees to the court that they will pay the forfeited bond if a defendant fails to appear for their scheduled court appearances. The person must establish that they have sufficient assets to cover the bond amount should the defendant forfeit the bond by failing to appear at court. If the bond is forfeited, the court can demand the amount of the bond from the signer of the bond.