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FREQUENTLY ASKED
QUESTIONS
What is a Bail
Bond?
A bail bond or
surety bond is
simply a monetary
guarantee that a
person who has been
charged with a crime
will appear before
the court when they
are ordered. Once a
bond has been
posted, the accused
is released from
custody until his
court hearing.
How is the Amount
of Bail Decided?
The courts are
responsible for
setting bail, but
most people want to
be released
immediately as
opposed to waiting
up to three days to
see a judge. In most
jails, bail is set
according to pre-set
guidelines that
specify bail
amounts.
How is Bail
Posted?
You can post
cash or real
property for the
full amount of the
bond directly with
the court, but this
may tie up
much-needed funds
and savings. Some
jurisdictions may
deduct court fees
from your cash bond.
You’ll also lose the
benefit of
confidentiality,
since most courts
follow stringent
guidelines to show
posted funds aren’t
a product of
criminal activity.
In most cases, bail
is posted through a
bail bondsman. The
bail agent collects
a fee (or premium)
and secures some
form of collateral
for the full amount
of the bail. Fees
vary by state, but
are usually 10% of
the bail amount,
except for federal
and immigration
cases, which may be
as high as 15%–20%.
What’s
Collateral?
Collateral is
something of value
that’s “held” by the
bail agent to ensure
the defendant is
present for all
court proceedings. A
piece of real
estate, a car, a
bank account – all
can be considered
collateral.
Sometimes the
signature of a
qualifying co-signor
will be accepted.
Will the
Collateral be
Returned?
A bail bond
agent has a legal
responsibility to
safeguard all
collateral. As long
as the defendant has
not failed to appear
before the court,
collateral is
returned once a case
is completed –
whether the
defendant is found
innocent or guilty.
A bail agent’s fee
however is not
returned; this is
payment for services
rendered regardless
of the outcome of
the case.
What Information
Do I Need to Provide
the Bail Bond Agent?
The full name of
the defendant and
where he’s in
custody – you’ll
need the city, state
and name of the
jail. · If you can
provide the booking
number, this will
save valuable time.
How much is the
bail?
If you don’t
have it, don’t
worry, the bail
agent can get it
when they contact
the jail. Once you
know the bail
amount, our agent
will advise what it
will cost to post
bond and anything
else required to
expedite the
defendant’s release.
How long does it
take to get released
from jail on bond?
That usually
depends on where the
defendant is being
held. Local police
stations generally
take an hour, but
county jails can
range from three –
eight hours.
Immigration may take
up to six hours, and
federal facilities
two – three.
What happens if
the defendant fails
to appear?
If you think the
defendant is going
to flee, contact
your bondsman as
soon as possible to
review what options
are available to
you. If a defendant
fails to appear
before the court, he
is considered a
fugitive and a bench
warrant is issued
for their arrest.
The bail bond agent
makes every effort
to locate the
fugitive and return
them to custody.
However, if the bail
bond agent is unable
to locate the
fugitive the bail
agent must pay the
entire bond amount
to the court. The
bail bond agent can
recover the cost by
turning to the
collateral to
reimburse the loss.
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