FAQS – HOW DOES BAIL WORK?
If someone is arrested, what are the different methods of release for getting them out?
How does bail work? Let’s explore your options!
We are here to help you with the Surety Bail Bond and this is what that means
Surety bail bond is when the bail agent guarantees to the court that they will pay the full bail bond amount if a defendant fails to appear for their scheduled court appearances. The bail agent’s guarantee is made through a surety insurance company that financially backs the bail agent if they are unable to pay the court.The bail agency charges the defendant a premium in the amount of 10% of the total bail amount. i.e.: if the bail amount is $5,000.00, the premium (fee) is $500.00.By involving the family and friends of a defendant, as well as through the acceptance of collateral, the bail agent can be reasonably assured that the defendant released on a surety bond will show for their court appearances.
And this is what the other two methods are:
Cash Bail requires an individual to post the total amount of the Bail (not just 10%) in American currency cash. The court holds this money until the case is concluded and the defendant has maid all their scheduled court dates. If the defendant does not appear as instructed, the cash bond is forfeited and a bench warrant is issued. In this situation the defendant becomes their own guarantor, and in some jurisdictions the court recognizes the funds as the defendants and will actually seize any fines and court cost if the defendant is found guilty.
The third method of release pending trial is through a pre-trial release program administered by the county or a law enforcement agency. Usually, the employees of these programs interview defendants in custody and make recommendations to the court regarding the release of individuals on their own recognizance (i.e., without any financial security to ensure the defendant’s return). The interview process is often conducted over the telephone, usually with a little inquiry into the defendant’s background. The interview process attempts to determine whether the detainee is likely to appear in court. There is usually no verification of information provided by the defendant. Since no money, property, or bond is posted to secure the defendant’s appearance in court, they face no personal economic hardship from the conscious decision not to appear in court.
How long does it take to be released from jail?
It Depends on the jail the defendant is booked into. If it is a city jail, the typical release times range from 30-90 minutes. For a county jail it can take anywhere from 1-6 hours for the defendant to be released, sometimes up to 24 hours. Regan Bail Bonds holds a very reputable standing with jail staff and will keep constant communication with the jail to ensure the defendant is released in a timely manner. All release times are not solid and are subject to the jails discretion.
Why don’t I get my premium back?
Like any type of insurance there is a premium cost and because we provide insurance to the courts we charge a non refundable fee called the premium, it can also be viewed as a flat ten percent interest rate for a loan.
What can I use for collateral and when is it given back?
Collateral is used as extra security to back up the full bond amount and includes credit cards, cash, house titles, car titles, boats and anything with a title that contains value. This collateral is given back when all the defendant’s cases, that the company has posted bail for, are finished and exonerated and as long as all premiums are paid.
What happens if the person does not appear in court as promised?
If the defendant fails to appear in court as instructed by the court, the co-signer for the bond could be liable for the full bond amount to the bonding agency if they do not appear within a certain time frame.