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About Bail Bonds

How Bail Works
When someone is arrested on a bailable offense and bail is set, the defendant can forfeit his/her right to see a judge within 72 hours of arrest (weekends and holidays excluded) and bail out.

This is done most commonly using one of two methods:

  1. The defendant or someone other than the defendant will post cash bail at the jail.

    • This dollar amount is 100% of the set bail for the defendant's offense.

    • If the set bail is $5000, then $5000 cash will need to be posted.

    • When the defendant has fulfilled all of his/her obligations by appearing in court on all matters until the case is resolved the cash posted for his/her release will then be returned to the party who posted it.

  2. If neither the defendant nor any family members or friends have access to the entire bail amount. They can call a Licensed Bail Agent and arrange to post a Bail Bond.

    • To post a Bail Bond, typically you would need two things, PREMIUM & COLLATERAL
      .
    • Premium is 10% of the set bail, (Bail equals $5000, premium would be $500), and is considered earned once the defendant is released on said bond and at that time is nonrefundable.

    • Collateral is something for the Bail Agent to hold until the defendant has finished all required appearances with the court, at which time it would be returned.

    • Collateral is usually one of four things, CASH, CARS, REAL ESTATE, and in some cases SIGNATURES of someone who qualifies to be financially responsible to secure the bond.
Surety Bond
This process is a contractual undertaking, which involves a bail bondsperson, an indemnitor, and the court. The courts tend to favor this form of release, because it guarantees that if the defendant fails to appear in court, someone (the bail agent) will make an immediate effort to find the defendant, apprehend him or her, and bring him or her back to the court of proper jurisdiction. By involving family and friends of the defendant, a bail bondsperson and the courts are reasonably assured of the defendant's appearance.

Cash Bail
Cash bail means that the person who is trying to obtain the release of the defendant must deliver the full amount of bail in cash to the jail facility where the defendant is being detained.

Property Bonds
Property bonds involve the placing of local real estate (homes only, no raw land or out-of-state homes) with the courts as security for the release of a defendant. This process typically takes 1 to 2 weeks, because it requires a judge's approval, a property appraisal, a comparable sales comparison, and the clerk's acceptance. However, most states do not accept property bonds. However, Hilburn Bail Bonds will accept property as collateral for a surety bond.
 

ROR
 Release on One's Own Recognizance is another method of release. It is given to defendants who have been in the community for many years, have solid jobs, strong family and community ties, and present little or no risk of flight. This release program is usually administered by a county agency or through a local law enforcement agency. A criminal history background check is performed, and a recommendation is given to the court based on those findings. This form of release is common only for first-time offenders and non-violent offenses. Since there is no financial or other security placed with the court to insure the defendant's return to court, there is little incentive for them to appear.

ELMO and Pre-trial Services
ELMO stands for Electronic Monitor, and it is usually a condition of release in addition to a regular bail bond. The ELMO program is administered either by the local Pre-trial Services Agency or the local law enforcement agency. This device is usually in the form of an ankle bracelet. It sets off an alarm if a person strays too far from its base located within the defendant's home.

Apply on line for a bond here.

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