If you have any questions that are not answered below, please feel free to contact us.
- What is bail?
- How does a bail bond work?
- Who is an indemnitor/co-signer/guarantor?
- When is collateral returned?
- How is bail determined?
- How can I pay for a bail bond?
- How much do bail bonds cost?
- How long does it take to be released from jail?
- What happens if a defendant fails to appear in court?
What is bail?
Bail is the amount of money determined by the Court which the Court believes will ensure the return of the defendant to future Court dates. Bail can be satisfied in two ways.
- The full amount of bail can be brought to the Court or jail in the form of cash and will secure the release of the defendant. Upon the defendant returning to all Court dates, the full amount of cash bail will be returned.
- A bail bond can be used to secure the release of the defendant with the jail/Court in lieu of cash. For the service, a 10% non-refundable fee is charged. The full amount of the bail will usually be secured with some form of collateral. Collateral, by state law, is always returned 100% when the defendant makes all of his or her Court appearances.
How does a bail bond work?
Typically, a bail amount is set by the local court jurisdiction following the arrest of a defendant. A family member, a close friend, or sometimes the defendant will contact a bail agent to arrange for the posting of the bail bond. The family member or friend who guarantees the bond, also known as the indemnitor, co-signer, or guarantor, will complete paperwork and pay the premium, which is a percentage of the bond amount. By signing the paperwork, the indemnitor is guaranteeing that he or she will pay the full amount of the bond if the defendant fails to appear in court. Typically, collateral is taken from the indemnitor to secure the guarantee.
Who is an indemnitor/co-signer/guarantor?
An indemnitor/co-signer/guarantor is the person who agrees to indemnify the Court and bail agency against a loss.
When is collateral returned?
Collateral is usually returned to the defendant upon discharge or exoneration of the bail bond.
How is bail determined?
A judge or magistrate normally sets the amount of bail for each defendant. They will consider many things in this process including the nature and seriousness of the charges, the weight of the evidence, the defendant's character, history, and flight risk. Many states and counties have a bail schedule, which is a set of guidelines comprised of bail amounts and ranges for specific crimes which judges use in determining the appropriate bail amount.
How can I pay for a bail bond?
Acceptable forms of payment are typically cash or credit card. In some cases, Pay Pal options may be available as well as payment by check. Depending upon the agent and location, payment plan options may be available.
How much do bail bonds cost?
The fee for a bail bond is normally restricted by law and is a certain percentage of the bond amount, often 10% of the bond.
How long does it take to be released from jail?
Once a bail agent has been contacted, it usually takes less than an hour for the paperwork to be completed. However, release times vary from jail to jail and state to state. It could take as little as thirty minutes or as long as forty-eight hours to be released from jail.
What happens if a defendant fails to appear in court?
If a defendant fails to appear in court, the court issues a bench warrant for that person's arrest and they are considered a fugitive. Generally, the bail agency is authorized by the court to arrest the individual.
If you have any questions that we haven't answered, please feel free to contact us at info@laceyomalley.com
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