The judge sets the bail amount during the bail hearing, in setting the bail amount, the judge considers a lot of factors. Some of the factors are severity of the crime, previous convictions, and the ties of the defendant to the community. There is a bail premium which is the fractional amount to be paid to the bail bondsman instead of covering the entire bail amount as set by the court system. The bail bondsman assumes the responsibility of the bail amount and makes sure the defendant goes to the court trials.
If you can notice, there are several states that does not set a specific maximum bail premium but suggest to have an approved rate on file that the bail is not excessive, inadequate and discriminatory. The bail premiums are officially set by the state of Department of Insurance or by the statute. But, you must also be aware that some states does not allow a private bail, to resolve this you must go through the jail systems for bail.
The bail bond rate of the federal courts is set at 15% and 20% is set for the immigration bonds.
A bail agent is hired when the defendant cannot afford the bail. A small fee is paid to the agent who will take on the responsibility of the full bail amount. When looking for a bail agent, you should know the full name of the person in jail, what jail they are in, the booking number of the person, the charges of the person and any other information you can get.
After the bail premium has been paid and the collateral has been signed, the bail agent will post the bond.
If the defendant does not go to the court, the bail agent will be required to pay the full bail amount. If the defendant will violate any bail conditions, the bail agent will have to find the defendant and take them back to jail.
Moreover, if the defendant does not appear on the court date, the collaterals that were signed over with the bond will be forfeited. There is nothing to worry about if the defendant complies with the terms set by the bail agent and the defendant shows on all court dates.
What is bail?
As a person is arrested, he or she is given a choice to bail. A bail allows a person to be temporarily or permanently released from jail in exchange of monetary amounts, collaterals, assets or bonds. The bail amount depends on the severity of the crime committed. Depending on the conditions, bail does not totally reassure that a person is free from jail. In these situations, bail is provided to guarantee their appearance in court.
What are the types of bail?
There are different types of bail namely; cash bails, cite out and bail bonds. Cash bails mean that the accused should comply with the financial demands of the court. Cite out or release on citation means that the officer will not investigate the accused but will instead give a citation that the accused should immediately appear in court. Finally, bail bonds or also known as security bonds. Bonds men from a bail bond agency handles the situation for the accused. These agencies ensure the court that they will provide the bond forfeiture if the accused does not show up in court in a scheduled trial.
How do I get a bail bond?
There are four ways in which a person may be released from custody. A bond man can and should be utilized. Post cash for the full amount of the bond with the court or jail. Use real property or other collaterals with the court. Lastly, the judge can decide to let the defendant go on their own recognizance.
What Do Bondsmen Accept As Collateral?
Each bonding office will have their own standards but for the most part expect them to accept various forms of bail collateral. Some example of collateral include; real estate properties, cars, credit card and stocks.
What does a bail bonding agency do?
Bail agencies negotiate with the court to release a prisoner in exchange for money. The person released from jail will have to pay the bail agency as soon as possible. If he or she isn’t able to pay or tries to escape payment, a bounty hunter will be sent by the bail agency to catch that certain person. On a positive note, it is allowed to pay in installments.
What do I need to know before contacting a bail bonding agency?
A bonds man will ask information about the accused. In preparation, few things must be found out. First, know where the person in custody is located. The name of the jail, state or city should be found out. Second, the name of the accused and his or her booking number is also important. If the booking number cannot be recalled, the bail bonding agency will have to contact the jail. The bail bonding agent needs this information to contact the jail where the accused is forced to remain. Third, the bail agent will get this information when they contact the jail the accused is kept behind bars. The bail bondsman will inform the amount it will cost to post a bond and requirements to get out of jail.
Do I get my money back when the case is over?
Most certainly, money won’t be given up. The money is already held by the bail bonding agency and is given to the court. This fee is what allowed the defendant to get out of jail and is fully earned once the defendant is out of custody.