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What is a bail? How does it work?

What is a bail? How does it work?


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When you are arrested the judge has a few options for release conditions. Bail can be denied, you may be released on your own recognizance, or there may be a bail bond. There is in some states still an option of a third party release.

Most defendants are entitled to make bail bonds prior to trial. The bond is to ensure their court appearance. Professional bondsmen charge a fee based on a percentage of the bond set by a judge. Bail bonds, also, have a few options. Sometimes it is a "cash only" bond....only cash will do. Most often it is a "surety bond" which in most states is 10% cash and collateral for the full amount of the bond. This type is done with a bail bond agent. Finally, some states allow property bonds where you can file papers with the court as your bail collateral. This can also be done with a bail bond agent.
When "posting your own bond" probably means is paying the cash up front. One warning, however, when you pay cash to the jail you usually don't get it back because it can be applied to your fines, fees, restitution, etc. They cannot do this with a bail bond from a surety company.

Release of a bail bond:

You bring the person to the bondsman who will take them into custody and turn them over to the police. Your bond should be released once they are back in custody.

If the person refuses to accompany you to the bondsman (pretty likely, I'd think!) then go to the bondsman and tell him what you want to do. He will attempt to apprehend the individual. You will be responsible for any costs involved. These could be significant. Your bond should be released, less costs, once the individual is back in custody.

 

These sites have a lot of helpful info…

http://www.bail-bond-jail-directory.info

 

http://www.san-diego-lawyer-attorney-personal-injury-dui-car-immigration.info

http://www.las-vegas-nevada-lawyer-attorney-legal-injury-defense-directory.com

http://legal-advice-library.info/blog

http://www.san-francisco-oakland-bay-area-lawyers-attorneys-directory.com

 

http://www.san-jose-ca-lawyers-attorneys-directory.com

 

http://www.sacramento-ca-lawyers-attorneys-directory.com

 

http://www.la-orange-county-lawyers-attorney-directory.com

http://www.legal-advice-library.info/blog

http://www.las-vegas-nevada-lawyer-attorney-legal-injury-defense-directory.com

http://www.austin-texas-lawyers-attorneys-directory.com/austin-legal-services.htm

http://www.san-antonio-texas-lawyers-attorneys-directory.com

http://www.san-diego-lawyer-attorney-personal-injury-dui-car-immigration.info

 

These paragraphs should answer your questions pretty thoroughly....I also recommend a reputable local bail bonds website for further info (or even Wikipedia, etc.)....

What is bail exactly?  You receive bail when one deposits or has a 3rd party deposit security (also know as collateral) to ensure a defendant/prisoner surrendering to legal authorities at required times.  Surrendering can mean simply attending court dates or obeying the judge's instruction.  That security is actually considered the "bail."  A bail bonds company, through the use of its insurance company, puts up that bail on a defendant's behalf.

What is that 15% premium I pay to a bail bonds agency? That premium is the payment for the bail bonds agency's services in posting the bail.  Also, by hiring a bail bonds agent, you avoid paying the full bail amount upfront to the detention center.  For example, if the judge sets a defendant's bail at $10,000, the jail will require you to pay the full $10,000 for release of the prisoner.  If you hire a bail bonds company, you would pay them $1500 and leave them collateral (can be cash, credit card payment, property, or anything of solid material value) in good faith to help ensure the defendant's compliance with the court.  On approved credit, most of our customers don't need to leave collateral at all! 

Do I get that 15% premium back if the case is dropped and/or the defendant fully complies with all court instructions?  No, the 15% premium is the bail agency's fee for service.  Remember.... The bail bonds company is putting up the full bail amount to get your friend/loved one released.  That is a hefty risk as they are "on the hook" for that full amount should the defendant flee, skip court, or fail to comply with the courts.

Do I get my collateral/security back?  Yes...Assuming the defendant attends all applicable court dates, and follows all court instructions, you are entitled to your collateral once the bail agency's liability is exonerated (excused) by the court.  The refund or return of this collateral can generally take up to 21 days after the bail bond is "exonerated."

When I co-sign to bail someone out, what other factors should I consider?  When you sign the bail agency's paperwork to bail someone out, you are in essence vouching that the defendant will comply with the court fully.  Should the defendant miss a court date, flee, or behave in such a way that the bail agency must work to apprehend him/her, you will be responsible for all related costs the agency incurs.  This includes but is not limited to paying bail enforecment agent ("bounty hunter") costs, investigation fees, and related expenses.  You run the risk of forfeiting your collateral and being billed for the added fees.  HOWEVER, as long as the defendant follows-through with all court dates and instructions, you will have nothing more to fear! 

What if I or someone I love has warrants out?  Can you help to prevent me or my loved one from being stopped by law enforcement and arrested?  Sure...Many times a bail agency can post new bonds on your behalf for many types of warrants.  This is especially helpful if you cannot fully afford to pay the entire warrant, but can afford the bail agency's 15% premium.  This will help to ensure that if you get pulled over for a simple violation, you will avoid arrest.

 
Is that 15% premium negotiable?  No...That is a government regulated rate effective since 2003.  Our office can find creative ways to help bail a defendant out such as payment plans on approved credit.  Please call us for details on such payment plans!

What if I have to bail someone out in the middle of the night?  Good news!...We are open 24 hours a day and staffed with live agents to assist you at a moments notice!  Just call our direct line at (702) 387-5959 day or night, and we'll be there!

After I sign all the paperwork, how soon will the defendant be released?  Release times vary at the jails depending on many factors out of the bail agency's control (i.e. jail staff levels, detention center paperwork, inmate capacity, etc.).  Generally, you can expect release within 4-12 hours of completing our paperwork.  Release can occur in as little as 2 hours and on some occassions, longer than 12.  At any rate, we work as hard as possible to do what we can to expedite the process for you!

What if it's not easy for me to come down to the office in person right away?  I don't want my friend or loved one to be incarcerated longer than necessary...  No worries......We can perform "bail by phone" on approved credit, or we can fax you the paperwork to have you fill it out and send it back in to us!  Our latest innovation here is that we are now able to email the documentation to you, so you can print it up off your home or work computer, and fax it back to us!  This can save valuable time.  Soon we will have the paperwork posted 24 hours-a-day on our website for your convenience!

 

Awesome Source: http://LasVegasBailBonds.Weebly.com

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