How does Bail work?
This process involves a contractual undertaking presented to the court and guaranteed by a Bail Agent and the individual(s) paying for bail (Indemnitors). The Bail Bond Agency guarantees the court that the defendant will appear in court each and every time the Judge requires them to do so.
The Bail Bond Agency promises the court the defendant will appear as required or the Bail Bond Agency will pursue the fugitive absconder and bring him/her back to jail voluntarily or involuntarily without delay. The Indemnitor(s) are also financially responsible if the defendant should fail to appear in court. In turn, the Indemnitor(s) make a contractual deal with the Bail Bond Agency that they will assure the defendant complies with the bail regulations. This includes going to every court date on time, and they are responsible for advising or reminding the defendant to comply with dates, times and other requirements set forth by the court and the Bail Bond Agency.
If the defendant and/or the Indemnitor(s) on a particular Bail Bond fail to fulfill their obligations of the bond, it may result in serious financial ramifications if a court declares a forfeiture.
How much does a Bail Bond cost?
For this service, the defendant is charged a percentage of the bail amount. Bail Bond premiums begin at 10% of the total bail bond amount plus any additional fees that may be incurred. Under certain circumstances, the Bail Bond premium may vary from a 20% discount (8% premium), to a higher premium of up to 15%. Please contact us for details to see if you qualify for the lower legal rate. Bail premiums are mandated by law in each state and are not negotiable.
Before being released the defendant, a relative, or friend of the defendant, typically would contacts a bail agent to arrange for the posting of a Bail Bond. Prior to the posting of the bond, the defendant or a co-signer, aka indemnitor(s), agree that if the defendant does not appear in court or adhere to the Bail Bond contract, the Indemnitor(s) must guarantee that they will pay the full amount of bail bond and any and all out of pocket expenses.
What is collateral and when is it required?
Depending on the circumstances, the bail agent may require some form of collateral in order to write the bond. Collateral is something of value that the Bail Bond Agency is given or assigned in order to cover the full bail amount in the event that the defendant does not go to court or follow through with the disposition of the court and the bail is forfeited (when the bail bond is ordered to be paid to the court). Generally speaking, the higher the bail, the more likely it is that a Bail Agent will require collateral in order to reduce their risk or exposure on the Bail Bond. Collateral can be in the form of real estate, a vehicle, cash, jewelry or anything else of value. Often, the collateral must have the ability to be converted to cash within a reasonable period of time. In addition, the amount of collateral will generally be required to be 1.5 to 2 times the amount of the Bail Bond.
What will I need in order to secure a Bail Bond?
In addition to the required Bail Bond premium, an Indemnitor will need proper identification, a pay-stub or other verification of employment, and will be required to supply the Bail Bond Agent with personal information, such as; social security number, birth date, drivers license number, address, phone numbers, employer, employer's address and phone, supervisor's name and phone, whether you own or rent your residence, plus any other pertinent information deemed necessary by the Bail Agent in determining whether you qualify as an Indemnitor.
How long before the defendant is released?
After all of the paperwork is completed, the Bail Agent will present the Bail Bond to the jail or court. The amount of time the jail or court processes the Bail Bond varies with the workloads at the jail or court, the size of the jail or court, and many other factors outside the control of the Bail Bond Agency. Once the Bail Bond is presented to the jail or court, the Bail Bond Agent will contact the Indemnitor(s) to advise the timeline for the defendant's release. If the release is within a reasonably short period of time, the Bail Bond Agent may be in a position to provide a free ride home to the defendant. Otherwise, a ride will need to be arranged by the Defendant or Indemnitor(s).
Is there a refund of the premium if the case is dismissed or the defendant is found Not Guilty?
Once the defendant is released from jail via a Bail Bond Agreement, the full premium is earned. There is no refund of the premium unless, under certain circumstances, there is a Bail Bond revocation without cause, but this is a rare occurrence.
