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Bail Bond FAQ Section

Find answers to common bail bond questions.

Frequency Asked Bail Question

Bail Bond Release Center – 24 Hour Bail Bonds

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.

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 previously set guidelines that specify bail amounts.

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 bail bonds and immigration cases, which may be as high as 15%–20%.

In certain types of cases, the courts can impose additional requirements that need to be met before posting the bail bond.  Specifically, the court can impose what is called a Nebbia condition on the bond which requires the defendant to prove the source of the funds.  Click on the following link to learn more about Nebbia bonds.

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.

In most case we can clear warrants with the court and set a new court date. However, each case is different. Call and ask for assistance.

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.

Once the bail bond is posted and accepted by a court or jail, liability is taken on the bail bond. At that point the bail bond premium is fully earned and is not refundable.

The Bail Bond is valid as long as the court case is in pending status. The bail bond will remain valid if all conditions have been met.

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.

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.

That usually depends on where the defendant is being held. Local police stations generally take an hour, but county jails, like Palm Beach County Jail, can range from three – eight hours. Immigration may take up to six hours, and federal facilities two – three hours.

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.

The indemnitor is financially liable for the bail bond. The indemnitor’s liability is limited to the full face value of the bail bond and any expenses that is accrued if forfeiture occurs. Note: It is very important the indemnitor feels confident the defendant will appear in all of his/her court appearances or posting a bail bond is not recommended. It is recommended that the co-signer maintain a very close relationship with the defendant and keeping an open line of communication.

Recent sale amounts for homes similar to yours. For example, if you currently owe $375,000.00 on your home and the homes in your area are being sold for $475,000.00, then you have $100,000.00 equity. However, it really depends on the condition of your home and the current market. If you have questions don’t be afraid to call us!

Call us immediately and we’ll make arrangements for him or her to be safely returned to jail. The cost of returning a defendant to jail depends where the defendant is located. For example, if the defendant is cooperative then the cost is as low as $350 to $500. However, if the defendant refuses to cooperate then it will cost an additional 10% of the Bond ($5,000 for a $50,000 bond) or 20% of the bond amount if out of state ($10,000 for a $50,000 bond) plus costs incurred by our fugitive recovery agents. If you have doubts about the person you are helping then don’t sign for a bond! You’re better off taking a nice vacation or donating to the Red Cross!

If a case has been filed at the court by the District Attorney’s office and the bail amount is high, then you may want to seek the advice of an attorney regarding possible bail reduction. However, a bail reduction hearing cannot occur until there is an official case filed by the District Attorney. When a defendant is booked into Jail and held on new charges, the district attorney has 48 court hours to file an official complaint or else the defendant must be released. This does not mean a case will not be filed at a later time. For example, if a defendant is arrested on a Wednesday, then the District Attorney has until Friday to file a case and officially charge the defendant in a court of law. If a defendant is arrested on a Thursday then he/she could be held until Monday or Tuesday. Please remember this does not mean a case will not be filed upon release by bail bond or according to the 48 hour rule. Once a case has been filed by the D.A., the bail could remain, be lowered, or be increased. Once the defendant goes to court he/she could be released without posting a bond. Bail Reduction is not so simple as some attorneys claim. The Jailor cannot reduce the bail without a court order signed by a judge. The bottom line is if a defendant is arrested on a Wednesday and does not have a court case number by Thursday, then Bail Reduction by Friday is very unlikely because the defendant will either be released under the 48 hour rule or the DA will file a case on Friday and the Defendant will have to wait for a the arraignment the following week for possible bail reduction or have someone post bail for him/her to be released from custody. If the District Attorney files a case on Thursday, then an Attorney can request a Bail Reduction at the arraignment, which would be the following day (Friday). Bail Reduction is possible by Friday if a case has been filed by Thursday. There are no guarantees the court will grant reductions, but if the defendant has no priors then the court may grant a request. Remember justice is blind!

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