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Frequently Asked Questions
Q: What happens when a person is arrested?A: When an individual is arrested for a crime, usually that person will be taken to a local law enforcement station for booking. After the defendant has been booked, the court or arresting authority has several options for release that may include:
Q: What is the procedure for bailing somebody out of jail?A: Usually, a friend or relative will contact a bail bond company by phone. The bail bond company will need basic information such as; the jail location’s city, defendant’s name, and other basic information. You can arrange a time to meet the bail agent at the jail. The entire process is relatively quick and simple, and is usually completed in less than ½ hour. For most bail bonds, it will be necessary to sign 2 simple documents. Q: What is the cost of a bail bond?A: Typically the fee is 15% of the Bond amount on Bonds under $5,000 and 10% on Bonds $5,000 and over. The premium amount is non-refundable. Q: What is collateral?A: Cash or real estate held to insure the defendant makes all appearances. It is subject to forfeiture if the defendant fails to appear as scheduled. The cash collateral bond is often used for out-of-state defendants or cosigners. If the bond is forfeited, the collateral is used to pay the court the full amount of the set bail. Q: Do I always need collateral for a bail bond?A: No. Most bail bonds are written as signature bonds. We look at many factors such as the length of time at a job, length of time at current residence, credit rating, character, type of crime and past record to determine whether collateral is needed. These factors are considered for both the defendant and the bond co-signer. Q: If I use collateral for a bail bond, when do I get it back?A: The collateral is held in a trust account and must be returned in a time frame allowed by state law once the case is completed. Typically 10 to 30 days after the bond is released. Q: If I bail somebody out, what is my responsibility?A: When you bail somebody out, you take full responsibility that the defendant shows up in court. You are not criminally liable, but you are civilly liable. However, keep in mind that most bail bond problems are easily and quickly resolved. Rarely do problems escalate beyond a simple phone call. Q: What happens if the defendant is not bailed out?A: Usually, the defendant will remain in custody until the matter has been resolved in court. Q: What happens if a defendant is bailed out and fails to appear in court?A: The bond is forfeited and has to be paid to the court. We receive notice from the court, contact the defendant and cosigner, if possible, and explain what has to be done to save at least a portion of the bail funds. If the defendant can be contacted, they are told to turn themselves in to the court and request the bond be reinstated. If they cannot be located or refuse to turn themselves in, we work with police, sheriffs and Bounty Hunters to return them to custody. When they are returned to custody we can petition the court to reinstate the bond. The reinstatement is at the mercy of the court, but the court will usually return a significant portion of the bond. Q: Is a Bail Bond Company required to bail out everyone who asks?A: No. Since the bail bond companies have their money at risk, they may choose whom they want to bail out. Defendants have a right to have bail set, but they have no right to be able to make that bail. |