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How
Bail Bonds Work?
Bail is the amount of money or property a judge decides is adequate for
a defendant to post to be released from custody until their trial is
heard.
The defendant must deposit or promise this amount in order to "post"
bail. The judge takes many factors into consideration when deciding on
the
amount bail is set such as likelihood that a defendant will attend
future court hearings and not "skip" or "jump" bail, the type of
alleged crime, how
long the defendant has lived in the area, the safety of the community
and the defendant's criminal history.
When someone is arrested and is
eligible for bail, they have two options of bail to choose from. They
can either put up Cash Bail with the jail or get a surety bond (Bail
Bond) to secure their release. The purpose of bail is to insure the
court that the defendant will appear at all of their court dates.
If a person doesn't post some form of
bail they will remain in jail during their court case and will be
bussed to and from court when they have an appearence date.
If someone who has posted bail fails to appear at one of their court
dates, the court will order an arrest warrant for the defendant,
forfeit (cancel) the bail, and demand payment of the bail
amount. 
In the event of a bail bond forfeiture
the indemnitor (co-signer responsible for the defendant appearing) will
have to pay the full bail amount. If cash bail was used then the court
will keep it.
As long as the defendant appears at all of their court dates they can
consider their obligation of bail satisfied. The outcome of the trial
(not-guilty, guilty, or even charges dropped) is of no consequence and
has no effect on the bail.
Bail Bonds Process
Someone is arrested and let's say
their bail is set at $100,000. Bail
bond companies charge an industry standard 10% fee that is regulated by
the Department of Insurance. The fee for a $100,000 bail bond would be
$10,000. We call that fee the bail bond premium. You do not get the
$10,000 back.
That is the cost to get someone out of jail and has
nothing to do with whether or not the person is guilty or innocent. The
main purpose of bail is to allow the defendant, who hasn't been proven
guilty yet, to be free from jail while their case is ongoing so that
they can continue to work, lead their normal life, and prepare their
case without being in jail.
Depending on the charge, bail amount,
and credit worthiness of the
defendant and the indemitor, it may or may not be necessary for us to
collect collateral. Collateral is a physical guarantee that the person
will appear in court. Collateral may include but is not limited to
credit cards, cash, or a deed of trust.
After the defendant has
appeared at all of their court dates and the premium has been paid in
full, the collateral will be returned to the person that deposited it.
To expedite the process it is necessary for us to have proof from the
court that the case is closed and the bond exonerated. The purpose of
collateral is to give the bail bond company added security in the event
the defendant fails to appear and the indemnitor refuses to pay the
full bail amount. In the event that the defendant flees and the
indemnitor fails to pay the collateral will be used to pay the court.
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