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Where can I find a Bail
Bondsman?
The process of posting a bail involves a
contractual undertaking guaranteed by a bail bondsman
and the individual posting bail. The bail agent
guarantees to the court that the defendant will
appear in court each and every time the judge
requires.
The defendant is charged a percentage
of the bail amount, for this service. The defendant,
a relative or friend of the defendant, typically
contacts a bail bondsman to arrange for the posting of
bail, before getting released. Prior to the posting
of a bail bond, the defendant or a co-signer must
guarantee that they will pay the full amount of bail
if the defendant does not appear in court.
One of the DUI LAWS Member Attorneys is
available to help right now.
CLICK HERE to find one near you. A family member or a close friend of the defendant will
typically post bail and co-sign. Collateral is
occasionally but not always required for a person to
be bailed from jail. Usually, a defendant can be
bailed from jail on the signature of a friend or
family member. Co-signers, in most cases, need to
have a job and either own or rent a home in the
surrounding area.
After a bail agreement is signed, the bail
bondsman posts a bond for the amount of
the bail, to guarantee the defendant's return to
court.
If the defendant does not arrive to
court as required (or "skips"), the co-signer is held
responsible for the full amount of the bail. If the
defendant is then located and arrested by the bail
bondsman, the co-signer is also responsible for expenses
the bail agent incurs while searching and capturing
the defendant.
The five basic release options available to an arrestee are, surety bond, release on
his or her own recognizance (O.R.), release on
citation ("Cite Out"), property bond and cash bail.
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Own Recognizance (O.R.)
Another method of release, pending trial
is through a county or law enforcement
administered pre-trial release program.
Usually, the staff members of these programs
interview individuals in custody and make
recommendations to the court regarding
release of these individuals on their own
recognizance (i.e., without any financial
security to ensure the interviewee's return).
The interview process is often conducted over
the telephone, with little inquiry to the
individual's background to determine whether
the detainee is likely to appear in court and
with virtually no verification of information
provided by the detainee.
Since no money or
bond is posted to secure the detainee's
appearance in court, he or she faces no
personal economic hardship from his or her
conscious failure to appear.
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Surety Bond
An alternative to cash bail is the posting of a
surety bond. This process involves a contractual
undertaking guaranteed by an admitted insurance
company having adequate assets to satisfy the face
value of the bond. The bail bondsman guarantees to the
court that they will pay the bond forfeiture if a
defendant fails to appear for their scheduled court
appearances. The bondsman's guarantee is made
through a surety company and/or by the pledge of
property owned by the agent.
For this service, the defendant is charged a premium. To be released
pursuant to the posting of a surety bond, the
arrestee, a relative or friend of the arrestee,
typically contacts a bail bondsman - an individual
licensed by the State to post surety
bonds. Prior to the posting of a surety bond, the
bail bondsman undertakes a detailed interview of the
proposed guarantor of the surety bond, as well as of
the arrestee and relatives of the arrestee, as part
of the underwriting procedure for bond.
By involving the family and friends, as well as
through the acceptance of collateral, the bail
bondsman can be reasonably assured that an individual released
on surety bond will appear at his or her appointed
court date, as required until the case is
adjudicated.
After this procedure is concluded, if an agreement is
reached, the bail bondsman posts a bond for the amount
of the bail, to guarantee the arrestee's return to
court.
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Considering the financial risk, a bail
bondsman has an
interest in supervising bailees, and ensuring that
they appear for trial. If a defendant "skips," the
bail bondsman has the financial incentive to find the
defendant and return him/her to jail. Bail bondsmen primarily profit only when the defendant
appears for trial. It's generally accepted by judges
that bail bondsmen have dependable methods of ensuring
defendants requisite court appearances.
Citation Release
This procedure, known as the "Cite Out," involves
the issuance of a citation by the arresting officer
to the arrestee, informing the arrestee that he or
she must appear at an appointed court date.
The Cite Out usually occurs immediately after an
individual is arrested. As a consequence of the
failure to follow complete booking procedures, the
true identity and background of most individuals
released on citation is never established. This
results in the release of numerous arrestees who may
have outstanding bench warrants or who present a
significant danger to society.
Accordingly, in these cases involving Cite Outs, the
arrestee may never be placed in custody, and like the
O.R. release, such an arrestee's appearance in court
depends exclusively upon the integrity of the alleged
felon and his or her voluntarily returning to court.
Property Bond
In rare cases an individual may
obtain release from custody by means of posting a
property bond with the court. Here the court records
a lien on property, to secure the bail amount. If the
arrestee subsequently fails to appear at the
scheduled court date, the court may institute
foreclosure proceedings against the property to
obtain the forfeited bail amount.
Cash Bond
To be released on cash bail, an individual must post
with the court the total amount of the bail, in cash,
to secure his or her return to court on an appointed
date, and thereafter until the case is concluded.
Full cash bonds provide a powerful incentive for
defendants to appear at trial. If the defendant shows
up for his/her scheduled court appearances, the cash
is returned to him/her. If the defendant fails to
appear, the cash bond is forfeited to the court.
Click
HERE to find a reputable Bail Bondsman
throughout the United States.
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