How Do Bail Bonds Work?

HOW IS BAIL DETERMINED?

How do bail bonds work? The court or judge normally sets how much bail for each defendant. They could consider many things in this process which includes nature and seriousness of the charges, the weight of the evidence, the defendant’s character, background, as well as flight risk. Many states and counties have a bail schedule, which is a set of suggestions that have bail amounts and ranges for specific offenses that judges use in deciding the appropriate bail amount.

BAIL CAN BE SATISFIED IN TWO WAYS:

The total amount of bail is brought to the Court or jail in the form of cash and can secure the discharge of the defendant.

-OR-

A bail bond can be used to attain the discharge of the defendant in the jail/Court in lieu of cash. For the service, a 10% non-refundable premium is charged by the bail bonding agency. The total amount of bail will most likely be secured with some kind of collateral.

 

HOW DOES A BAIL BOND WORK?

Often, a bail amount is set through the local court jurisdiction right after the arrest of a accused. A member of family, a close friend, or sometimes the accused may call a bail bond agency to arrange for the posting of the bail bond. The family member or friend who guarantees the bond-also known as the indemnitor, co-signer, or guarantor-will complete forms and pay the premium, which is a percentage of the bond amount. By signing the documentation, the indemnitor is guaranteeing that he / she will pay the total amount of the bail bond if for example the defendant fails to appear in court.

WHO IS AN INDEMNITOR/CO-SIGNER/GUARANTOR?

An indemnitor/co-signer/guarantor would be the one which agrees to indemnify the Court as well as bail company against a loss. This person can be anyone with sufficient credit that is willing to act as a guarantor of the bail bond. This means that in the event the accused is not able or fails to make payments or appear at required hearings, the indemnitor/co-signer/guarantor is help responsible.

HOW MUCH DO BAIL BONDS COST?

The premium for a bail bond is commonly limited legally and is a particular percentage of the bond amount frequently 10% of the bond.

WHAT IS COLLATERAL?

Collateral is something of value utilized financially to secure a bail bond.

WHAT CAN BE USED AS COLLATERAL?

Examples of collateral include signature, credit cards, homes, autos, boats, jewelry, or electronics.

WHEN IS COLLATERAL RETURNED?

In a typical circumstance collateral is generally returned to the defendant or indemnitor after discharge or exoneration of the bail bond.

HOW CAN I PAY FOR A BAIL BOND?

Acceptable types of payment are cash or bank card. In some cases, other options may be available as well as payment by check. Payment plan options might be available.

HOW LONG DOES IT TAKE TO BE RELEASED FROM JAIL?

Once the bail agent has been contacted, it normally takes less than an hour for the documentation to be completed. But, release times vary from jail to jail and state to state. It might take under thirty minutes or as long as forty-eight hours to be released from jail.

WHAT HAPPENS IF A DEFENDANT FAILS TO APPEAR IN COURT?

Any time a defendant fails to appear in court, the court issues a bench warrant for that person’s arrest and they are considered a fugitive. Generally, the bail agency is authorized through the court to detain the individual.