Q. So what is a bail bond anyway?
A. A bail bond is a three-party contract between the
Courts, the Bondsman, and the Indemnitor (also called a Cosigner
or Guarantor). It is the Bondsman who guarantees to the Court
that the accused - when released on bail - will be present
for each and every court appearance in the future. In turn,
the Indemnitor guarantees to the Bondsman that he/she will
make sure that the Defendant goes to Court when required.
For this "Bond Contract", the Bondsman charges a
percentage of the total bond.
Q. What are the release options when someone is arrested?
A. There are basically 5 forms of release options available
today. They are:
Surety Bond
This process involves a contractual undertaking such as
the one explained above involving a Bail Bondsman, an Indemnitor
and the Court. The Courts tend to favor this form of release
because it guarantees that if the defendant fails to appear
in court, someone (the Bail Agent) will immediately make
an effort to find the defendant, apprehend him/her, and
bring him/her back to the court of proper jurisdiction.
By involving family and friends of the defendant, a Bail
Bondsman and the Courts are reasonably assured of the Defendant's
appearance.
Cash Bail
Cash bail means that the person who is trying to obtain
the release of the defendant must deliver the full amount
of bail in cash to the jail facility where the defendant
is being detained.
Property Bond
Property Bonds involve the placing of local real estate
(homes only, no raw land or out of state homes) with the
Courts as security for the release of a defendant. This
process typically takes one to two weeks because it requires
a Judge's approval, a property appraisal, a comparable sales
comparison, and the Clerk's acceptance. However, most states
do not accept property bonds.
ROR
Release on Own Recognizance is another method of release
and it is given to defendant's who have been in the community
for many years, have solid jobs, strong family and community
ties, and present little or no risk of flight. This release
program is usually administered by a county agency or through
a local law enforcement agency. A criminal history background
check is performed and a recommendation is given to the
court based on those findings. This form of release is common
only for first time offenders and for non-violent offenses.
Since there is no financial or other security placed with
the court to insure the defendant's return to court, there
is little incentive for them to appear.
ELMO and Pre-Trial Services
ELMO stands for ELectronic MOnitor, and is usually a condition
of release in addition to a regular bail bond. The ELMO
program is administered either by the local Pre-Trial Services
Agency or the local law enforcement agency. This device
is usually in the form of an ankle bracelet. It sets off
an alarm if a person strays too far from its base located
within the defendant's home.
Q. How much does a bond cost?
A. In Florida and many other states, state court bonds
usually cost 10%. Higher in some states due to assessment
fees and other fees. Federal Bonds cost 15%, and Immigration
Bonds range from 15%-20%, depending on the collateral used
and the risk.
Q. Is the premium (the bail bond fee) refundable?
A. No. The bail bond fee is fully earned once the bond
is posted for the defendant and he/she is released or transported
to another facility.
Q. What is collateral?
A. Collateral is anything of value that is placed with
the bail agent as security for the bond.
Q. What can be used for collateral?
A. Collateral can be your home, rental property, land,
cash, bank CDs, stocks, bonds, credit cards, boats, airplanes,
helicopters, motorcycles, expensive cars and other high-priced
items.
Q. When is the collateral returned?
A. The collateral is returned once the bail agent receives
a Bond Discharge from the court. A "Bond Discharge"
is the document that officially releases the bail agent from
any further responsibility on the bond. It usually takes 7-10
days for the bail agent to get the discharge once the case
is over.
Q. How long does it take to get released from jail?
A. That really depends on where the person is being
held at. Some jurisdictions like city jails take an hour or
so, and other jurisdictions like the county jails run by the
local sheriff can average 2-8 hours, but can take as long
as 12-24 hours. Immigration facilities usually take 6 hours,
and Federal facilities take 2-3 hours. No matter how long
it takes, ACTION will be monitoring the process to insure
an expeditious release.
Q. How do I know when the Defendant has to go to Court?
A. All courts notify the defendant by mail of their
court dates. As a courtesy, most jurisdictions also notify
the bail agent of the court dates, too. This is done either
by mail or by phone. In almost all cases, the courts will
notify the defendant at least several days before the court
date. As the Indemnitor, you will be notified either by telephone
or by mail from our office of all court dates that we are
given by the courts. It is then your responsibility to make
sure the defendant knows about the court date. In addition,
during regular business hours either you or the defendant
can call our offices and ask if you have any upcoming court
dates.
Q. Can I finance part of the bail bond fee?
A. Yes. Depending on your circumstances, we will review
with you your particular case and decide how we can best make
arrangements for payments.
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