Bail Bonds Frequently Asked Questions
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Question: Can I finance part of the bail bond fee?
Answer: Yes. Depending on your circumstances, we will review with you your particular
case and decide how we can best make arrangements for payments.
Question: What are the release options when someone is arrested?
Answer: There are basically 5 forms of release options available today. They
are:
Surety Bond
This process involves a contractual undertaking such as the one explained above
involving a Bail Bondsman, 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 immediately make an effort
to find the defendant, apprehend him/her, and bring him/her back to the court
of proper jurisdiction. By involving family and friends of the defendant,
a Bail Bondsman 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 Bond
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 one to two 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.
ROR
Release on Own Recognizance is another method of release and it is given to
defendant's 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 for 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 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.
Question: So what is a bail bond anyway?
Answer: A bail bond is a three-party contract between the Courts, the Bondsman, and
the Indemnitor (also called a Cosigner or Guarantor). It is the Bondsman who
guarantees to the Court that the accused - when released on bail - will be
present for each and every court appearance in the future. In turn, the Indemnitor
guarantees to the Bondsman that he/she will make sure that the Defendant goes
to Court when required. For this "Bond Contract", the Bondsman charges
a percentage of the total bond.
Question: How much does a bond cost?
Answer: In Florida and many other states, state court bonds usually cost 10%.
Higher in some states due to assessment fees and other fees. Federal Bonds
cost 15%, and Immigration Bonds range from 15%-20%, depending on the collateral
used and the risk.
Question: Is the premium (the bail bond fee) refundable?
Answer: No. The bail bond fee is fully earned once the bond is posted for the
defendant and he/she is released or transported to another facility.
Question: What is collateral?
Answer: Collateral is anything of value that is placed with the bail agent as
security for the bond.
Question: What can be used for collateral?
Answer: Collateral can be your home, rental property, land, cash, bank CDs,
stocks, bonds, credit cards, boats, airplanes, helicopters, motorcycles,
expensive cars and other high-priced items.
Question: When is the collateral returned?
Answer: The collateral is returned once the bail agent receives a Bond Discharge
from the court. A "Bond Discharge" is the document that officially
releases the bail agent from any further responsibility on the bond. It
usually takes 7-10 days for the bail agent to get the discharge once the
case is over.
Question: How long does it take to get released from jail?
Answer: That really depends on where the person is being held at. Some jurisdictions
like city jails take an hour or so, and other jurisdictions like the county
jails run by the local sheriff can average 2-8 hours, but can take as long
as 12-24 hours. Immigration facilities usually take 6 hours, and Federal
facilities take 2-3 hours. No matter how long it takes, S.C. Bail Bonds will be monitoring
the process to insure an expeditious release.
Question: How do I know when the Defendant has to go to Court?
Answer: All courts notify the defendant by mail of their court dates. As a courtesy,
most jurisdictions also notify the bail agent of the court dates, too. This
is done either by mail or by phone. In almost all cases, the courts will
notify the defendant at least several days before the court date. As the
Indemnitor, you will be notified either by telephone or by mail from our
office of all court dates that we are given by the courts. It is then your
responsibility to make sure the defendant knows about the court date. In
addition, during regular business hours either you or the defendant can
call our offices and ask if you have any upcoming court dates.
What is Bail?
The term Bail is used in several distinct senses: (1) It may
mean the security-cash or bond-given for the appearance of the prisoner.
(2) It may mean the bondsman (i.e., the person who acts as surety 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 the order of 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 ordinarily 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.
When talking about bail, what do you mean by the term undertaking?
An undertaking
is a permissible type of bail security. The taking of bail consists of a competent
court accepting an undertaking of sufficient security for the appearance of
the defendant, according to the terms, or the surety will pay a specified
sum to the state. Corporate sureties are commonly used, and the court will
accept an admitted surety insurer`s bail bond if executed by the insurer`s
licensed bail agent and issued in the insurer`s name by an authorized person.
Must you always use a bail bondsman?
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.
What if someone believes that the money to be used to bail someone
out is the product of criminal activity?
The judge or a magistrate may stay
the release of a defendant if a peace officer or prosecutor files a sworn
declaration demonstrating probable cause to believe the source of the consideration,
etc. was feloniously obtained, or the judge or magistrate has probable cause
to believe the source was feloniously obtained. If probably cause exists,
the defendant then bears the burden by a preponderance of evidence to prove
that no part of the source was so obtained. A defendant who prevails must
be released on issuance of a bail bond as specified.
What is the purpose of bail?
The purpose of bail is to assure the attendance
of the defendant, when his or her presence 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.
Is bail a matter of right?
Although the right to bail has constitutional recognition
in the prohibition against excessive bail, bail is not always a matter of
right. However, with certain exceptions a defendant charged with a criminal
offense shall be released on bail. Persons charged with capital crimes when
the facts are evident or the presumption of guilt great, are excepted from
the right to release on bail. However, a defendant charged with a capital
crime is entitled to a bail hearing in the trial court to determine whether
the facts are evident or the presumption great. A crime is a capital offense
if the statute makes it potentially punishable by death or life imprisonment,
even if the prosecutor / government has agreed not to seek the death penalty.
It is presumed that the risk of flight of the defendant is great when he or
she is facing death or life in prison without the possibility of parole.
Is the Public Safety considered in the decision to admit a defendant to bail,
or to deny Bail?
Bail can be denied in certain non-capital cases based upon
a finding of substantial likelihood of harm to others. When the facts are
evident or the presumption great, bail may be denied in the following instances:
In felony cases involving acts of violence, or felony sexual assault offenses
on another person, if the court finds on clear and convincing evidence that
there is a substantial likelihood that the release of the accused would result
in great bodily harm to others. In a felony case, if the court finds on clear
and convincing evidence that the accused has threatened another with great
bodily harm, and that there is a substantial likelihood that the accused would
carry out the threat if released. The requirement of findings based on clear
and convincing evidence implies that a hearing will be held on the issue.
If there is existence of a substantial likelihood of public harm it would
be determined on the basis of the specific circumstances of the case and prior
history of the defendant. The decision to grant or deny bail is subject to
review on petition by the defendant.
What is considered by the Court in fixing the amount of the bail?
The amount
of the bail is primarily within the discretion of the judge or magistrate,
with only two general limitations: First: The purpose of bail is not to punish,
but only to secure the appearance of the defendant, and it should be fixed
with that in mind. Second: Excessive bail, not warranted by the circumstances.
Is not only improper but a violation of constitutional rights. In fixing the
amount of the bail, the court takes into consideration the seriousness of
the charge, the defendant's previous criminal record, and the probability
of the defendant appearing at the trial or hearing. Additionally, if public
safety is an issue, the court may make an inquiry where it may consider allegations
of injury to the victim, threats to the victim or a witness, the use of a
deadly weapon, and the defendant's use or possession of controlled substances.
A judge or magistrate setting bail in other than a scheduled or usual amount
must state on the record the reasons and address the issue of threats made
against a victim or a witness. The court must also consider evidence offered
by the detained person regarding ties to the community and ability to post
bond. The bail amount set by the court must be the minimum amount of bail
that would reasonably assure the defendant's appearance. NOT the Maximum!
Does the bail bond continue forever, can you get it back?
When the bail
has served its purpose, the surety will be exonerated (i.e., released from
the obligation). Exoneration normally occurs when the proceeding is terminated
in some way or on the return of the defendant to custody. After conviction,
the defendant appears for sentence. If sentenced to imprisonment the defendant
is committed to the custody of the sheriff, and the liability of the surety
terminates.
What if the defendant is sentenced to probation?
A defendant who is convicted
and given probation is released from custody, and the bail must be exonerated.
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