When you get that call in the middle of the night and find out a friend or family member is in jail, your first thought is likely full of panic. They are asking you to help bail them out and calling a bail bondsman can seem intimidating when you are unsure how the process works.
Bail Bonds Companies examine your case and help you secure a bond as fast as possible. That is why they are usually open to serve you 24/7.
Of course first thing is first, you are arrested and need a bail bonds to come get you out.
First, the arresting officer takes the person to jail where he or she is ‘booked’ for their particular offense. In a criminal matter, the defendant should consult with an attorney. Many attorneys offer a free consultation. The public defender is appointed to those who cannot afford a private attorney. At the first court appearance called the arraignment, the defendant is asked if he/she can afford an attorney. If the answer is no, the court appoints a public defender. Common Sense Rules: If you’ve bailed someone out of jail and know they are going to JUMP- please call us immediately, so that your financial responsibilities are lessened or removed. If you or the defendant has moved, please keep your bail company updated. One of the benefits of posting bail is the ability to be free and to conduct one’s affairs as usual. Unless instructed by the court, the defendant is free as long as he/she appears before the court, as directed.
What Happens next? Your are booked in but don’t worry a good bail bonds company will have your back:
- Sometimes a defendant is released and no charges are filed.
- The defendant is released on his/her own recognizance (O.R), however, the person must make all court appearance or there will be a warrant issued and the process begins again.
- The defendant is released on bail bond.No bail is set and the defendant must remain in jail until he/she goes to court.
- No bail is set and the defendant must remain in jail until he/she goes to court.
Now for the big question; What is a bail bonds company and what do they do?
The bail agent is the person who posts your negotiated bond with the jail and obtains the release of the defendant. The bail agent cannot post a bond until all the requirements, listed in the first question, have been met. The jail will not release anybody without the bail amount defined, the court and date set, and confirmation that there are no pending warrants.
Bail is a financial arrangement that a bail bonding agency will make on behalf of the criminal defendant. A bail bonding agency, acting for the defendant, will arrange with the court to have a suspect released from jail pending the trial in exchange for money or collateral, which may be cash, assets, or a bond. The court sets the monetary value of the bail.
The bail agency is then responsible for ensuring that the individual arrives in court on the day of his or her trial. If the individual does not turn up in court, then the bail agency may hire a bounty hunter to track the individual down. It should be noted that the U.S. is one of the only countries in the world that still allows bounty hunting. A bond is a surety that the full bail amount will be paid, but some courts will accept either the full bond or a 10% cash down payment for the release of a suspect.
How Bonds and Bondsmen Work?
When a bail bondsman, working with a bail bonding agency, puts up a fee for the release of a suspect on bail, the bondsman charges a fee of usually about 10% of the amount of money that is required to pay the bail. This initial fee is not refundable, even if the case is thrown out after the suspect posts bail.
The bail bondsman will take out a security against a defendants assets in order to cover the cost of the bail. If the defendant does not have enough assets, then the bondsman might take out securities against individuals that are willing to assist, such as relatives and friends. When a security is taken out, a bondsman often requires that 10% cash payment in addition to the mortgage on a persons home that would equal the full amount of the bail bond money owed.
In the event that a defendant does not arrive in court on trial day, the bondsman can not only hire a bounty hunter to track the defendant down, but the bondsman then has a right to sue the defendant for money that was given to the court for the defendants bail bond. The bail bond agency may also recover any unpaid money by claiming assets that were owned by the defendant or those individuals that signed a contract to financial assist the defendant.https://en.wikipedia.org/wiki/Bail_bondsman
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