Bail Bond Release Options

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Cash Bail Bonds
To be released on cash bail, the individual must post with the court the cash amount of the bail to secure his or her return to court on the set times and dates until the case is concluded. If the defendant shows up for the scheduled court appearances, the cash is returned to them. If the defendant fails to appear, the cash bond is forfeited, or given up, to the court. After the case is over with it may take up to 3 months to get the cash back form the court.

Surety Bond Bonds
A surety bond involves a contract with a bondsman (also know as a bond agent or bail agent) for the bail amount. The bondsman, usually being underwritten by an insurance company licensed by the state, interviews the arrested individual, family members and the final bond guarantor prior to forming an agreement to assure that the accused will appear in court. With his money on the line, a bondsman has a financial interest in supervising defendant`s and to make certain that they appear for trial.
If a defendant fails to appear, the bail agent has time and the financial incentive to find that individual and bring them in. Simply stated, bondsmen profit only when the defendant shows up for trial. Bonds are usually written for a premium percentage of the full amount of the bail. Collateral from the guarantor is then used to secure the full bail amount. The bondsman guarantees to the court that they will pay the bond forfeiture if a defendant fails to appear for their scheduled court appearances. Using the assets and property of the Co-signers the bondsman makes this guarantee.

Property Bail Bond
A defendant occasionally may obtain release from custody by means of posting a property bond. In this procedure the court records a lien on property owned by the defendant to secure the amount of bail. If the defendant fails to appear at a scheduled court date, the court may institute foreclosure proceedings against that property to obtain the bail amount. This is usually an involved process including title reports and appraisals on the property. Often times it may take several days to obtain a Property Bond.

Appeal Bail bonds
Motions for release on bail are filed once the municipal court has handed down a guilty decision. When the case is appealed, the attorney also draws up the bail application for release pending the appellate court ruling. Appeal bonds require that a premium percentage be paid to the bond agent. However, most bail bond agents require that the appeal bond be backed by cash collateral for the full bail amount. This means that instead of using property as collateral, you would need to provide a cashier's check, certificate of deposit, letter of credit, or cash for the full bail amount. If the municipal court verdict holds the sentence is then enforced; and the collateral for the bond would be returned. Failure to appear in court would mean forfeiture of the bail. The 'skip' would then be a fugitive from justice and subject to arrest and extradition to carry out the sentence. An attorney or bail bondsman can provide you with additional information on appeal bonds.

Citation release bail bonds
Citation release is a form of pretrial release. A 'cite out', or citation release, is issued by the arresting officer. This citation informs you of the date that you must appear in court. The cite out is usually provided after the arrest, resulting in little or no time in confinement. The court appearance depends solely on your honesty. Failure to attend the court proceeding will result in a bench warrant issued for your arrest. In some instances, incomplete booking can make an additional arrest for failure to appear more difficult. By receiving a cite out, no financial obligation or bail is required and no financial loss is incurred if you fail to attend the trial proceedings. The ability to receive a citation release can allow offenders of smaller crimes to return to relatively normal living until the trial. This release also protects your rights and presumes you 'innocent until proven guilty.' An attorney can provide additional information on obtaining a citation release.

Federal bail bonds
Bail bonds for crimes in u. S. District courts are considered federal bonds. These bonds serve the same purpose as other types of bonds. They release you from jail on the guarantee you'll appear at all court proceedings. Federal offenses include any interstate crime. There is no schedule of bail amounts for individual offenses. The judge, during an arraignment hearing, determines the bail amount. It's not uncommon to have the bail amounts in federal cases be set at high levels, making obtaining release more difficult. A bail bondsman is able to write federal bonds for a premium charge. The normal premium charge is ten percent of the bail amount. However, the premium amount may be as high as 15 percent of the set bail. Federal bonds are subject to forfeiture, should you miss your court appearances. The date of forfeiture is determined by the court judge. Forfeited bonds are paid to the u.s. government. A bail bondsman experienced in federal bonds can provide additional information.

Pre-trial release
A pretrial release which allows a release from confinement prior to a trial can take several forms. Depending on the charge, release may be withheld. The right to bail or release is part of the due process legislation. It prevents potentially innocent people from losing their jobs, falling behind on bill payments, and suffering other difficulties as a result of imprisonment. Pretrial releases consist of bail bonds, citation releases, and release on one's own recognizance. Many pretrial release programs are funded through local tax dollars. The programs also save funds by releasing individuals who pose no harm to the community until their trial. When accused individuals are released, they're no longer an expense of the local community's prison system. Should the accused party not appear in court, no financial hardship is incurred. However, a bench warrant is issued for their arrest. If they're found guilty of the charge, they may receive a harsher penalty and additional charges for the initial failure to appear. Contact a local attorney to learn more about pretrial releases.

Your own recognizance
Release on your 'own recognizance' gets you out of jail without bail money or bond. You're on your honor to return for the court proceedings. If you fail to return for trial, a bench warrant is issued; but you suffer no financial hardship. In order to determine your eligibility for an 'own recognizance' release, a court administrator or judge will interview you while you're in custody. Many times this interview is even conducted over the phone. The interview provides the information an official needs to make a recommendation to the court. While this recommendation is important, high volumes of requests permit little time to perform background searches and verify the information provided by you. An 'own recognizance' release protects your right to due process. If you're unable to make bail, this release can allow you to return to employment and regular living while awaiting trial. For additional information on an 'own recognizance' release, contact an attorney in your area.

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