FAQ

How does the bail process work and How long does it take?

Bail involves a process in which a defendant is released in exchange for money. This money is a type of “insurance” that the defendant will show up for his or her court dates. Bail Bonds exist because trials can take weeks or months to work their way through the court system and bail permits a defendant – who may be innocent – to wait for their trial at home, while pursuing normal activities. Once someone, typically close to the criminal defendant, contacts a bondsman, the bondsman will document the case. The information the bondsman will take down will include the defendant and indemnitors (co-signors) personal information, employment information, living situation and address. The bondsman obtains such information in order to consider whether he wants to perform his services for the defendant. Once the bail bond agreement is signed, the bondsman will post the bond where the defendant is being held. The defendant will then be released. The entire process can be completed within several hours after the criminal defendant has been arrested and booked.

What is collateral and how does it work?

Collateral is either money, property in the form of assignment of a mortgage, or jewelry used to financially back up the rest of the bond in case the entire bond has to be paid by a bail bond agency because a defendant did not show up for court. For example: If a bond is $10,000.00, 10% of that $10,000 is called the premium charged to the indemnitor (person getting the defendant out of jail), and it is not refundable.. The $10,000 bond however, has to be backed up by charging a credit card, an assigned mortgage of a person's house, a car, boat, or motorcycle title assigned to the bail bond agency. Collateral is returned the day the defendant shows up for his/her court date. Collateral is "converted" to cash to pay the bond if the defendant does not show up for court and approximately 120 days have passed without the defendant and his/her attorney re-setting a new court date. Converting collateral, therefore, takes a long time and has to be done legally. If a mortgage or vehicle title is used, no record of this arrangement is ever shown on any data bases. Furthermore, if a defendant "skips" a court date, the indemnitor is given time to find the cash to cover the bond charged by the court.

When is my collateral returned?

After the defendant has showed up for all their court dates and their case is over both the Indemnitor and the Defendant are off the bond.

What happens if the defendant misses their court date?

The bail bond agency will try contact the defendant to see why the defendant did not show up in court, and help them in getting a new court date.

How is the amount of the Bail set?

• The amount of bail is set by the court and is based on these factors:

• The Severity of the crime

• The defendant’s criminal history and their risk of flight (not showing up for court and fleeing)

• The financial situation of the defendant

Why was there no bond set for my loved one?

The United States Constitution allows the right to Bail and prohibits excessive Bail but the defendant may be held without bail for a number of reasons including some not listed.

• The Defendant is a flight risk (may flee or not show up to court)

• The Severity of the crime

• The Defendant has committed many felonies in the past