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.
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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