Attorney bonds are allowed in some states, but it is not advisable to hire an attorney who will also post your bail. Often times, these lawyers market themselves by offering competitive rates to the defendants and this is where the defendants fall for their traps. In the majority of states, this practice is illegal and unethical, and you should avoid it as much as you can.
Instead, you need to find a good bail bond company which will offer you competitive rates and ensure that you get all the service you need. Below are some of the reasons why your attorney should not post bail for you.
There is Conflict of Interest
If a defendant fails to appear in court, the bondsman will lose all the bond money, and this is not something the lawyer will want to happen. Granted, the lawyer might fail to disclose weaknesses in the case to their client to ensure that they show up in court. In other cases, the lawyer will be willing to pull out of a bond to keep their assets protected.
Having your attorney post your bail starts breeding problems when there is new information on the case that might cause the defendant not to comply and opt for flight. In this case, you might find yourself in court with bond revocation and your lawyer not advocating against it.
To avoid these problems and more, you need an attorney that you can confide in and not one who will be monitoring all your actions to ensure you do not flee.
You Get Locked
Unlike a bail bond company, your attorney will keep you locked. What happens if you decide that you do not want your lawyer posting your bail? Technically, you are trapped because you cannot fire your lawyer without losing the bond money.
If that happens, you might be arrested for not posting bail or insufficient bond before you can use a new attorney and get a real bondsman to take your case.
What happens if the Lawyer withdraws their bond money?
The attorney can go off the bond without any notice if they realize their assets are at risk. However, you can hire another attorney to force the first lawyer to return the full amount of part of the bond fee. Your new lawyer will follow the occupation code of your state to pursue your case.
Your lawyer might have your best interest at heart, but when they post bail for you, they are in it for money. They will make money for posting bail, and you will pay them legal fees. Note that bar associations, states, and legal scholars consider this practice unethical.
What Should You Do Instead?
Instead of having your lawyer post your bail, find a good bail bond company, one that offers good rates and thrives on transparency. This should be easy given the high number of these services. What your lawyer can do is recommend a good service and not act as one.
When choosing a good service, take your time and ensure there are no hidden charges behind the low rates offered.