Frequently
Asked Questions
What is bail?
In short, Bail is that part of our legal system that allows an accused person
to be temporarily released from custody so they can continue their lives
while they prepare for their day in court. In criminal cases, it is a sum
of money, real property or surety bond that needs to be posted by or on
behalf of a defendant to guarantee their appearance in court. The right
to reasonable Bail is guaranteed to you in the Eighth Amendment of the Constitution
of the United States.
How does a bail bond work?
The court system or Police department will set the amount of bail required
for the defendant's release. Under state law, a surety company can provide
a type of insurance policy or "bond" that guarantees payment of
the full bail amount to the court if the defendant does not show up for all
scheduled appearances. These bonds are offered by licensed bail bond agencies.
For supplying these bonds, bail agencies charge a premium - a percentage
of the total bond amount, typically 7%. By way of example, for a bond
amount set at $50,000, the premium would be about $3650.00 plus. The bail
agency must charge the premium rate it has filed with the Department of Insurance
and the premium is not refundable once the defendant is released.
What
is a bail bond?
A bail bond is a financial guarantee made by or on behalf of a criminal defendant
that is used to guarantee their appearance in court through the end of their
trial upon release from custody. Failure by the defendant to appear will
result in a bond forfeiture.
What is the difference
between bond amount and bond premium?
The bond amount is the full amount of the bail that was set by the court.
The premium is the dollar amount owed to the bail agency for posting the
bond. Usually this premium is 10% of the bond amount. For example, if the
bond amount is $50,000, the premium owed would be $3650.00
Who is an indemnitor/guarantor/
co-signer?
An indemnitor/guarantor/ co-signer is the person(s) willing to be responsible
for the defendant while they are out on bail and co-assumes financial liability
to guarantee the full bond amount.
What is a bail bond exoneration?
A bail bond is exonerated when the legal process/trial has finished. It does
not matter whether the defendant is found guilty or innocent or the case
dismissed. At this point, the liability for the bond amount is discharged,
however and any unpaid premium, fees or charges incurred by the bail agency
on your behalf are still owed to that agency. top
When
does a bail bond forfeiture take place?
Bail bond forfeiture results when a court appearance is missed. If a defendant
misses a court date, a bench warrant is issued for their arrest. The court
also sets a deadline for when either the defendant must be located/returned
to custody or the bail bond "reinstated" or the bail amount must
be paid to the court. top
What is a summary judgment?
A summary judgment is issued by the court following a bond forfeiture. This
is a judgment against the surety for payment of the bond amount. The summary
judgment is issued because the deadline for reinstating the bond or returning
the defendant to custody has passed. top
What is considered
by the court in setting the amount of the bail?
The amount of the bail is first and foremost within the scope and discretion
of the judge, with only two general limitations:
- The purpose of bail is not to penalize or punish the defendant, but only
to secure the appearance of the accused, and it should be set with that
in mind.
- Excessive bail, not warranted by the circumstances
or the evidence at hand, is not only improper but a violation of constitutional
rights. In setting the amount of the bail, the court takes into consideration
the seriousness of the charge, the defendant's previous criminal record
and the probability of the defendant appearing at the trial or hearing.
Additionally, if public safety is an issue, the court may
make an inquiry where it may consider allegations of injury to the victim,
danger to the public and/or to the defendant, threats to the victim or a
witness, the use of a deadly weapon and the defendant's use or possession
of controlled substances. A judge or magistrate setting bail in other than
a scheduled or usual amount must state on the record the reasons and address
the issue of threats made against a victim or a witness. The court must also
consider evidence offered by the detained person regarding ties to the community
and ability to post bond. The bail amount set by the court must be within
the minimum range amount of bail that would reasonably assure the defendant's
appearance - NOT the maximum! top
How much does it
cost to bail someone out of jail?
This is a question best answered by a licensed bail agent. Please contact
us toll free at (866) 304-9937. To find the location nearest you, please
dial .(866) 304-9937
When do I get my money back?
If you posted the full bail amount with the court yourself, this money will be
released to you at the conclusion of the court process, provided the defendant
appeared at all required court dates.
If you elected to use a bail agency to
post your bond, the agency is initially responsible to the court for the
bond amount. The defendant and indemnitors are responsible to the bail agency
for the premium and any fees or additional expenses incurred by the agency
on their behalf. These monies are earned at the time the defendant is released
from custody and therefore not subject to return. This is the case even
if the defendant is found innocent, the case is dismissed or the defendant
is placed back into custody for another offense. top
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