Bail is the amount of money required by the court to release a defendant from custody and to guarantee their appearance in court.
Bail is set by the Judge based on the severity of the offence, past criminal history, and the geographical economic index.
In some cases either cash or a Bail Bond (a financial guarantee) must be given to the court for security.
Child Support and/or Non-Support are Cash Only (no Bond allowed) a Judge may also refuse a Bond if the bail is for failing to pay fines
and in a Capitol Murder case where the prosecutor can convince the Judge that the Death Penalty may be imposed.
There is current legislature were a judge may require cash or collateral where the defendant is a repeat offender.
Also, bail for non-payment of fines may and most likely will be forfeited if the fines are not paid (The bail will not be released until fines are paid).
When bail is $1,500.00 or higher most people use a Bail Bond Agency, instead of risking their cash for the full bail amount. Once a bail bond is posted
the Premium or fee is earned, the Bail Bond Agency then becomes responsible for the defendants? appearance in court. In effect becoming the jailer
in place of the county Sheriff or Corrections Warden.
If the defendant fails to appear each time required the court will forfeit the bail and demand payment from the bail bond agency.
The agency will locate and arrest the defendant and place him in custody of the court and demand payment from the Indemnitor(s) to recover their costs.
If you are the Indemnitor, or Co-Signer(s) willing to be responsible for the defendant while out on bail, and you pledge Surety by signing a Promissory Note
(some cases required to use property as collateral to guarantee the bond), The bondsman then guarantees the bail to the court and the defendant is released.
The Fee or Premium is set by the Surety (Insurance Company) and filed with the Department of Insurance most if not all are
set at 10%. The 10% Premium can not by law be Discounted. If an agency or Bail Agent Tells you they can do it for less, Beware!
They are either lying to you or willing to break the law.
Do you think your best interest is at hand if the person you seek help from violates the very laws that govern his profession?
The Premium,10% of the bail amount and is not refundable once the bond is posted. The bond stays in effect until the case is over and the court orders
the bond exonerated. Upon exoneration of the bond, the collateral is returned to the Indemnitor(s).
It is your responsibility to keep the agency informed.
As the Indemnitor it is import to understand that there is absolutely NO RISK in pledging any amount of collateral to
a bail agency as long as you are 100 percent certain the defendant will not flee and appear in Court each time as required.
The Structure of the Bail Bond Contract
A Bail Bond is exicuted with a legal instrument known as a recognanze. It is a 3 way contract between the State, the Surety and the Defendant.
The contract calls for the Surety to produce the Defendant to the Court each and every time he is called to appear.
The Contract becomes in breach if the defendant fails to appear. Under contract law, the bail is forfeited and must be paid to the Court.
There are provisions that allow for a timley surrender of the defendant (75 days). There will then be Court costs and attorney fees incurred.
The bail can not be reinstated, nor can there be any changes to the bail with out the approval of all 3 parties to the Contract.
Definition: bail bond n. a bond provided by an insurance company (the Surety) by Power of Attorney to a bail bondsman acting as an agent
for the company, to secure the release from jail of an accused defendant pending trial. The Usual charge or"Premium" is 10 percent of the
bail e.g. $1,000.00 for a $10,000.00 bond). At times the defendant or Co-Signer must pledge collateral such as a deed of trust or mortgage
on Real Property. Upon acquittal, conviction, or other conclusion of the case, the bail bond is "exonerated" and returned to the Surety.
If the person who has been bailed out fails appear in court, the bond funds will be forfeit unless the defendant is surrendered to the court.
The Real Way it Works: As stated above however, The Bail Bondsman signs a contract with the Insurance Company whereas, The Bondsman
holds the Insurance Conpany harmless. Meaning, that if the Defendant fails to appear in court and is not surrendered in 75 days, the Bondsman
is to pay the Court the full amount of the bail bond. If the bondsman does not pay, the Insurance Company will pay the court and then go
after the assets of the bail bondsman (most bondsman put up thier own cash or real property with the insurance company as colateral).
In turn, the Co-Signer or "Indemnator" will sign like documents holding the Bondsman harmless and pledge to pay the bail amount if forfeited.
