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Frequently Asked Questions
What is a Bail Bond?
A bail bond is a monetary guarantee filed with a court by a bondsman of certain bail agency requesting for the release of a defendant from custody. It involves a contractual undertaking between the bail bonds agency and the individual posting bail. The defendant pays a certain portion of the bail, usually 10% of the full amount of bail.
The defendant is required to appear in the court every time the court ordered them to do so, and the posting bail company guarantees their court appearance. It is the responsibility of the posting bail agency to take the defendant to court while their case is pending.
What is the purpose of a Bail Bond?
The purpose of a bail bond is to release the accused in jail through bail and to guarantee that a person being released on the bail bond will appear on the court every time that the judge requires their court appearance.
How do bail bonds work?
When a person got arrested for a crime, a family member or a friend of a defendant contacts the bail company. The bail agent will ask specific questions about the information of the person who is detained. What is the person’s full legal name? What is the person's date of birth? What county, city and state is the person being held in? What is the booking number? What is the charge? The agent may also ask basic information about accused personal history, work, school, previous arrest and residency information. These questions assess the risk involve in the bail company.
Once the bail company says yes, the customer will sign documents including a Bail Bond Application and a Bail Indemnity Agreement. When all the paperwork has been finalized, a licensed agent will post the bail bonds at the detention facility or jail where the accused has been detained.
Once the bail bonds have been posted, the defendant will be released. For this service, the customer will be charged a fee, usually 10% of the full amount of bail which is mandated by the state law.
What is the Premium?
In California, the premium is set to be 10% of the total amount of bail. This is the amount of money being charged by the bail bond company to any party requesting for a bail. For example, if bail amount is said to be $10,000 then the premium would be $1,000. The premium needs to be settled by the one requesting for a bail. The premium is a non-refundable cash guarantee and is fully earned once the defendant or accused is released.
How long is the validity of a bail bond?
The bail bond is good for one year only. If the case goes beyond one year, the defendant will have to pay the premium again to keep the bail bond current.
What is Collateral?
Collateral is a form of bond or security (usually an asset - money, property, etc.) pledged to a bail bond company for the repayment of a loan if one cannot procure enough funds to settle the amount. Although most bail companies do not require collateral, it is case to case basis, depending on the risk involved in the bail bond company.
When will collateral be returned?
Although the posting bail company have the right to hold the collateral while the case is pending, it will be returned when all fees have been paid and when the court finishes with the defendant’s case.
How long does it takes to get release from jail?
After a defendant is book into jail, they will be fingerprinted, potographed, warrants checked, etc. It normally takes from 1 hour or less before a defendant be released.
It also depends on what county and what facilities the defendant is being held in. Usually local police departments takes an hour or less while county jails may take up from 3 hours to 8 hours.
How is the amount of bail decided?
The amount of bail is pre-set by the court. The court decides of how much bail will be posted for most crimes, but certain offenses like domestic violence requires the defendant to petition the court to get a bail amount set.
What information is required by the bail bonds agent?
When a person got arrested, these are some of the basic questions the bonds agents
asked:
1. What is the person’s full legal name?
2. What is the person's date of birth?
3. What county, city and state is the person being held in custody?
4. What is the booking number?
5. What is the charge?
Is it advantageous to use a bail bondsman?
Most court accepts cash, checks or money orders in payment of bail deposits. Any individual or a defendant can deposit the sum of money as mentioned in bail schedule. However some courts have a maximum amount over which a personal check will not be accepted. While some systems require corporate bonds in which only bail bonds companies can provide. Having a bail bondsman to intercede in the case makes things easy, because they are expert in this field and know exactly what needs to do to facilitate the immediate release of a defendant.
Is bail a matter of right?
Bail is not always a matter of right. A defendant charged with a criminal offense shall be released on bail with some exceptions. Any individuals charged with capital crimes, when facts are great evident, are excepted from the release on bail, however they are entitled to a bail hearing in the trial court to prove whether they are guilty or not. Capital crimes are punishable by death or life imprisonment once an individual is proven guilty of the crime.
What is Cash Bail?
This means that a person posting bail gives the full amount of bail to court or jail in cash manner. This cash will be held in the court after all the court appearances of a defendant have been made and the case been finalized. The cash bail guarantees the appearance of a defendant and is returnable once the case is concluded.
What are the things that a defendant needs to do after being released?
A defendant needs to report immediately to the local office to complete all the necessary paperwork. When everything is complete, all the court date information will be provided. It is highly important to report to the posting bail bonds agency or give them a call about defendant’s whereabouts and to attend all the hearing mandated by the court.