How Bail Works- different types of bonds

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.

What is a Bail Bondsman and why do I need one?

What is a bailbond?

The term Bail could be used in several distinct forms: (1) It may indicate  the security-cash or bond-given for the appearance of the defendant. (2) It may also mean the bondsman (i.e., the person who acts as surety (signer on the bail bond) for the defendant's appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity.

Admission to bail is an order from a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of security-either an undertaking or deposit-for the appearance of the defendant before a court for some part of the criminal proceeding).

Bail is evidenced by a bond or recognizance, which as a rule becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties on the other. The agreement basically is that the state will release the defendant from custody the sureties will undertake that the defendant will appear at a specified time and place to answer the charge made against him. If the defendant fails to appear, the sureties become the absolute debtor of the state for the amount of 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 BOND

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.

What is the Purpose of Bail?

The purpose of bail is to assure the attendance of the defendant, when his or her appearance is required in court, whether before or after conviction. Bail is not a means of punishing a defendant, nor should there be a suggestion of revenue to the government.

Do I have to use a bondsman?

In most State systems the defendant, or any other person, may deposit the sum mentioned in the bail order or bail schedule. Cash is accepted, and it is the practice for each court to adopt a written policy permitting acceptance of checks or money orders, upon conditions that tend to assure their validity, in payment of bail deposits. Some courts have a maximum amount over which a personal check will not be accepted. Depending upon the jurisdiction, government bonds may be accepted. Please note some jurisdictions will set a bail order requiring a corporate surety bond. This means that you can only post bail thru a surety bail bondsman.

Still have questions? 

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Hilburn Bail Bonds 

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Email: HilburnBailBonds@yahoo.com
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