Information You Must Know About Bail Bonds
What is a Bail Bondsman or Bail Bond Agent?
A bail bondsman, sometimes referred to as a bail bond agent, is a person that promises to be liable for the debt obligation of another (i.e. a surety). The bondsman pledges funds as bail, which ensures that the defendant will appear at court hearings.
How does a Bail Bondsman or Bail Bond Agent Make Money?
The source of a bondsman’s revenue stream is the fee he charges, which is typically a percentage of the amount of bail. Some court system’s attempt to circumvent a bondsman by allowing a criminal defendant to make a cash deposit with the court, in an amount substantially smaller than the exact amount set for bail.
What Happens When a Criminal Defendant Does Not Appear In Court?
When a criminal defendant fails to make his court appearance, the bondsman may bring the defendant to court in order to recover the funds the bondsman pledged. This is typically accomplished by way of a bounty hunter. However, some states prohibit this practice.
What is an Indemnitor or Co-Signor and What is The Extent of His Liability?
An indemnity or co-signor is a person, typically related to the criminal defendant, who guarantees that the criminal defendant will appear in court. If the defendant fails to appear, the bondsman may sue the indemnity (as well as the defendant) for any forfeited funds.
If you are considering co-signing for a defendant’s bail bond, you need to consider the likelihood of defendant’s failure to appear in court. This is an important decision that should not be taken lightly.
What is The Basic Bail Bond Process?
Once someone, typically close to the criminal defendant, contacts a bondsman, the bondsman will document the case. The information the bondsman will take down will include the defendant’s employment information and where he lives. The bondsman obtains such information in order to ascertain whether he wants to perform his services for the defendant.
Once the bail bond agreement is signed, the bondsman will post the bond where the defendant is being held. The defendant will then be released. The entire process can be completed within several hours after the criminal defendant has been arrested and booked. As part of the arrest and booking process, the criminal defendant’s bail will be set, his fingerprints will be taken and a background check will be performed. The criminal defendant will be serached and their belongings will be documented in inventory. The defendant will then be taken to is cell.
Why It’s Important to Know Your Rights?
Some bondsman may try to take advantage of you by offering to post a bail bond that involves a low-rate, that is too good to be true. In many states, such as California, the amount a bondsman may charge is heavily regulated. It is possible that such a bondsman is trying to swindle you.
What Options Are Available to the Defendant Other Than Bail?
As discussed above, the defendant or someone on the defendant’s behalf may either obtain a bail bond.
Alternatively, the criminal defendant may be released on bail when someone on his behalf provides cash or a cashier’s check. Depending on the forms required, the source of the funds may need to be documented to insure the funds were not illegally obtained. Once the defendant has appeared and the matter has been resolved, the amount paid will be refunded. Obviously, paying your own bail is likely your best option, but is sometimes unavailable where the amount of bail is set too high for the defendant.
In some jurisdictions, a criminal defendant may post a property bond directly with the court. This process may take several weeks, however. Failure to adhere to the court’s requirements could result in the court’s foreclosing on the property, typically a home.
Sometimes defendants may be released on their Own Recognizance. Whether this is available depends on the judge and the particular case.