BAIL BONDS FAQs
Frequently Asked Questions
What is bail?
Bail is money or some form of property that is deposited or pledged to a court, in order to secure the release from custody or jail of a suspect who has been arrested, with the understanding that the suspect will return for their trial and required court appearances. Bail is a mechanism to release suspects from imprisonment pre-trial, while ensuring their return for trial. If the suspect does not return to court, the bail is forfeited, and the suspect may possibly be brought up on charges of the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded. In some cases, bail money may be returned at the end of the trial, if all court appearances are made, regardless of whether the person is found guilty or not guilty of the crime accused.
How does a bail bond work?
The court system will set the amount of bail required for the defendant’s release. Under state law, a company can provide a “bail bond” that guarantees payment of the full bail amount to the court if the defendant does not show up for all scheduled appearances. These bail bonds are offered by licensed bail service providers. For providing the pre-trial release service, bail service providers charge a premium – a percentage of the total bail amount, typically 10%. For example, for a bail amount set at $10,000, the premium would be about $ $1,000 plus any additional fees required. The Bail Bondsman must charge the premium rate that 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 somewhat like a check that the Bail Bondsman gives the court. 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. Failure by the defendant to appear will results in a bail bond forfeiture.
What is the difference between bail bond amount and premium?
The bail bond amount is the full amount of the bail that is set by the court. The premium is the dollar amount charged by the bail service provider for providing the pre-trial release service. Usually this premium is 10% of the bail amount. For example, if the bail amount is $10,000, the premium charged would be $1,000.
Who is a co-signer/guarantor?
A co-signer/guarantor also called an Indemnitor is the person(s) willing to be responsible for the defendant while they are out on bail and who co-assumes financial responsibility, including guarantee of the full bail bond amount.
What does it mean when a bail bond is exonerated?
A bail bond is exonerated when the legal process/trial has finished. It does not matter whether the defendant is found guilty/innocent or if the case has been dismissed. At this point, the bail bond is discharged (exoned). The Judge or the Clerk on the case will mail a certified copy of the exoneration to the Bail Bond Company. The Bail Bonds Company can only accept this certified copy from the court as the only true evidence of exoneration.
When does a forfeiture take place?
A forfeiture occurs when a defendant fails to appear in court. If a defendant misses a court date, a bench warrant is issued for their arrest. It is possible in many cases that the bail bond may be “reinstated” by the defendant working with the Bondsman to report back to the court, which allows the court to set a new trial date for the defendant.
What is reasoning behind setting the amount of bond bail?
The amount of the bail is first and foremost within the scope and discretion of the judge or magistrate, with only two general limitations:
The purpose of bail is to secure the appearance of the accused.
In fixing 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! It is important to remember that it is the court magistrate that determines bail amounts.
How much does it cost to bail someone out of jail?
All cases are different. Call us and will answer any questions you may have.
Is the premium refundable?
The defendant and any co-signer(s) are responsible to the bail service provider for the premium and any fees or additional expenses incurred by the bail service provider 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.
The three steps below provide detailed information on how the bail process works.
1. Bail Amount Set by the Court
After an arrest, the court will set a bail amount, which varies based on the charges and other contributing factors. This is done as a way of making sure that the defendant appears at the scheduled court date (or dates) following his or her release from jail.
2. Contact Rose’s Bail Bonds
After the bail amount is set, the first thing to do is contact us for free initial bail information. We will put our expertise and experience to work for you immediately. Simply provide us with some basic information like the defendant’s name and the name of the jail or city where they are located.
3. Processing & Finalizing Release
We then work with you or your loved one and the jail to secure release by issuing a bond in the full amount of the bail set by the court. Depending on the circumstances, collateral or a co-signer may be required.
Bail Rates & Payment Flexibility
Bail rates and fees differ depending on your state's requirements.
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