Bail Bond Questions and Short Answers
Bail Bond Questions
Although this website is all about answering all questions and providing all information on Bail Bonds, on this page we will try to tackle a bunch of Bail Bond Questions together. You can find more detailed information on the topics briefly answered here by browsing the site.
Bail Bond Questions 1:
— What is the Basic Structure of a Bond?
There are two parts to a bond. A 10%-15% fee is the fee collected from the customer and determined according to the full bond amount of the bond. This can be paid with a credit card, check, cash or if necessary, they can help you with a short-term loan, if necessary.
Next, the full value of the bond must be collateralized. This can be accomplished in many ways and most of the time you don’t have to use your home, you find large sums of cash or pledge other assets.
The real issue in obtaining a bond is that you talk straight to the bondsman, be realistic about your ability to pay, and understand the need to get that person to court because you are accepting the full financial responsibility for them should they forfeit.
Bail Bond Questions 2:
— What’s the difference between a public defender and an attorney?
A public defender is appointed to a defendant who does not have the financial ability to retain an attorney. This is the basic difference
Bail Bond Questions 3:
— How do I obtain a bail bond?
It’s simple and fast – it can take up to 30 minutes. You will need to provide some information, such as what is your relationship with the prisoner, how long you have lived at your current place of residence, and how long you have been working at your current job. This information allows the bail bondsman to understand you, a potential signatory for the jailed defendant.
Sometimes collateral may be required, depending on the bond amount, the defendant’s security risk, and the signer’s financial strength. It’s really simple. Remember, what is done in the end is to get people out of jail. A bondsman assures the court that the person will appear facing their charge.
Bail Bond FAQ 4:
— Is a bail bond company the only option available to get someone out of jail?
No, it is not the only option. Here are three different approaches:
— Pay the court/jail all cash. The court will refund all the money after the case is completed less any fees or outstanding fines due to the court. You will be advised on these deductions.
— A US Treasury Bond is also recognized by some courts.
— Real Property… The court will ask for an appraisal of the property and this may take some time to acquire and submit to the court.
Bail Bond Questions 5:
— What Happens to a Newly Arrested Person?
This question is often asked by those who are faced with helping someone get out of jail for the first time. First, the detainee is taken to a detention center and the person is ‘reserved’. This booking process involves fingerprinting the so-called criminal record and a search to find out if any pending warrants have been issued. The charges are confirmed, the bail amount is set, and finally, a court date and time are set before release. This process may take several hours. If no outstanding warrants exist and this is not a capital crime (murder), the person is eligible for bail.
Bail Bond FAQ 6:
— What is an O.R. or Release on Own Recognizance (ROR)?
Own Recognizance is an unsecured, government-backed, release of a defendant on the promise that they will return to court at the appointed time and place. If he/ or she is eligible for an O.R. the review staff at the jail will assess each person on the following merits:
— The type of alleged crime,
— The immediate family’s support (whether they live in the immediate community)
— The defendant’s past criminal history
— The defendant’s job history, both current and present, within that community.
Each defendant can provide to the assessment team various people who can speak well of them and verify their status in the community. Each will be interviewed by phone. If an O.R. is granted there is no need for a bail bondsman; however, this does not dismiss the defendant from making all court appearances.
Bail Bond Questions 7:
— How long is a bond valid?
A bond is valid as long as the case lasts. If the case lasts for more than a year, but not more than 2 years, the bond company is entitled to another full premium (the 10% fee). The same bond continues until the case is completed.
Bail Bond FAQ 8:
— What Does Exoneration Mean and When Am I Released From My Financial Responsibility?
Exoneration of charges is the full release of a person from their court cases, which means that a person has appeared in court at all required times and has satisfied the court with regards to the final sentencing/determination on all charges. The court will then release the bail company from all financial responsibility. This means you, as the signer, will also be released from financial responsibility on the bond. Any collateral held, any monies pledged, or any property recorded for this bond will be returned.
Bail Bond Questions 9:
— What About a Forfeiture? Just What Happens When a Forfeiture Occurs?
This seems to be an area that most people don’t understand very well. The action of forfeiture is when a person does not make their court appearance. Although it can the bail agreement and the court’s view of the defendant, it can be solved sometimes very simply. We know things can go wrong and failing to appear in court at the appropriate time and place – happens. And yes, a bench warrant will be issued, but remember, a bail bond company can be a good friend in many cases.