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History of Bail Bonds
The concept of bail dates back to the origination of English law.
Sheriffs knew that long periods of time could pass from the arrest to
the trial date or preliminary hearing. These sheriffs managed the jail
and were frequently the bail officers. At that time, jails were easy to
escape from; and keeping someone in prison was costly and problematic.
By law, a sheriff whose prisoner escaped was hung for the offense. In
addition, the jail environment was unsanitary; and prisoners could die
before trial. Bail bonds posted by friends and family, who took the
responsibility for the accuser's court appearance, then became the
prison release of choice. The thought behind this idea consists of the
belief that the family will keep track of the accused instead of
forfeiting their property, Due to the strong family tie; it was assumed
that the accused would appear for trial to protect the interest used for
his bail. In addition, bail prevented the punishment of imprisonment
until the accused was found guilty of the crime. These ideas later
became part of the U.S. legal system and are protect in the right to due
process in the event of a criminal offense.
Pretrial Detention
May be ordered by a judge when defendant is a threat to the community or risk of flight.
Why Bail Bonds Work
Being private enterprise more defendants will appear for trial with out cost to taxpayer or government.
Bail Licenses
In many states, the bail bondsman is required to obtain a license
from the state insurance commission. The minimum age requirement to
obtain a bail bondsman license is 18 years old. In many instances,
twelve hours of pre-licensing class time are required. This class time
covers the legal aspects of providing bail bonds, including the rights
of the accused and ethical a business practices. A surety company bond
for usually 1 thousand dollars is also required to be filed along with
the state department of insurance application. Copies of all of the
agreements used in business should also be provided for review by the
insurance commission. Fingerprints are also required to be on file with
the application. Applicant must pass the department of insurance's
written exam. Most licenses are issued to individuals and are valid for
one year. License renewal requires an additional fee and six additional
classroom hours. For additional information on the bail bond licensing
process, contact your state insurance commission.
Bail Bondsman Code of Ethics
The behavior of bail bondsmen is covered by a code of ethics. The
code of ethics specifies the bond agents' duties regarding their
clients, community, and competition for clients. Bondsmen owe their
clients the best effort to post bail within a specific time frame. A
bond agent also has the obligation to turn down clients in certain
instances. Specialized bonds should be handled by experienced bond
agents. A bond agent should tell the client if they're unable to handle
the bonding situation. Bond agents have the responsibility to exercise
care and protect the personal property put up for collateral aspects of
using collateral should also be familiar to the bond agent. Bondsmen are
liable for negligent acts regarding the collateral or business
dealings. The bond agent should not discriminate based on race,
religion, or national origin. The bond agent should also operate fairly
to avoid conflicts with other licensed bond agents. The bondsman should
make every effort to explain the disclosure agreements and bail
documents. Additional information on the code of ethics can be obtained
from a bail bondsman in your area.
Confidentiality Relationship with Bail Bondsman
A bail bond service provides a confidential source of funds for your
bail. The services of a bail bond agent can prevent you from having to
approach friends, family, banks, and other financial sources to obtain
the bail amount. Using a bail bondsman allows you to complete the
paperwork in one sitting. This prevents headaches and allows you to
focus on your defense. You can easily determine and sign over collateral
items at one time. It prevents the need to transfer funds at a numerous
financial institutions. The bonding services allows you to maintain
some control over your defense. It prevents the need to transfer funds
at a numerous financial institutions. The bonding services allow y0o to
maintain some control over your circumstances and the information
regarding the charges pending against you. Bond agents work in your
corner to gain you release as soon as possible. Although confidentiality
is not guaranteed by the code of ethics most Bond agents use
discretion.
The bondsman should provide complete disclosure of the bond process
and release advice while and attorney is present if possible. For
additional information on bail bond agent confidentiality, contact a
bail bondsman. Bail bond services offer many convenience features. Bail
bondsmen are familiar with the procedures to gain your release from
jail. They can use their experience to help you gain a faster release. A
great majority of bond agents are open 24 hours a day, seven days a
week, or all hours of jail operation. This allows you to gain release
when a bail amount is known. Bond agents are able to complete the
paperwork in normally one meeting, either in their office of at the jail
facility. Bail bondsmen have the ethical obligation to inform you of
any facts that would normally be of interest to you while applying for a
bail bond. They will explain the disclosure forms so you understand
what you're signing. Some bail bond agencies can even help prevent
arrest by posting a bail bond for you in another jurisdiction where you
may have a charge pending against you. Speak with a bail bondsman to
learn more about their convenient service features.
Payment Arrangements
When you need to post bail, payment arrangements van make a big
difference, may bail bond agencies now accept credit cards to cover the
premium payments needed to secure the bond. Automatic teller machine
cards may also be accepted at some agencies depending on the charge,
some motor vehicle emergency clubs my provide bail bond assistance. The
majority of them cover exclusively traffic violation nm and guaranteed
bond amounts vary. Financing premium payment may also be available.
Payment arrangements are the sole discretion of the bond agent. Bond
agents can request the maximum legal premium payment to take less with
additional installment payment plans. Payment agreements are specific to
each bail bond. The more willing the bond agent is to work with you to
come up with the funding for a premium payment; the faster you or your
family member can be released from jail. Contact a bail bondsman for
specific information on payment arrangements available in your area.
Premium Payments
Premium payments represent the bail bondsman's fee for securing your
release from confinement. This fee is normally restricted by law to a
certain percentage of the bail amount. For example, if bail is 10
thousand dollars then the premium fee of ten to fifteen percent would be
1 thousand or 15 hundred dollars. Depending on the charges and the
duration of the t5rial, another premium payment may be required.
Generally, the premium paid is only valid for one year. The remaining
amount of the bail bond is covered by collateral. The premium amount is
not refundable, regardless of the disposition of the charges against the
accused. The collateral will be released, assuming the court has come
to a decision and bail terms were satisfied. If you flee the court, or
“jump bail”, the entire premium payment and collateral will be seized by
the bonding agency. Paying premium payment to bond agents can save you
money and allow you to manage your money instead of paying a cash bond
to the court for the entire bail amount. A bail bondsman can provide
additional information on premium payments.
Bail Conditions
Bail conditions can vary depending on the type of bail, the
restriction of the court, and the bail bond agreement. One necessary
condition of bail is the obligation to appear at any and all court
appointment and grails. Bail for release, appeal procedures, and parole
applications can limit your travel to within a certain area courts may
give permission to travel if you provide detailed information about your
plans to the court officer. Bondsmen also have the right to impose
restrictions on their terms of bail if you have a drug problem and
refuse treatment; a bondsman can make treatment completion a requirement
of the bond. An Agreement with this condition can send you back to jail
if you fail to complete the treatment. Mandating treatment in this
manner can ensure that you get needed help. Additional conditions may
include continued employment or meeting scheduled appoints with court
officers. An attorney or bail bondsman can provide additional
information on bail conditions.
Bond Indemnitor
Bond indemnitors, or co-signers, have the responsibility of paying
the bail bond's premium payment and adhering to the contract agreement.
Bond premium fees are generally valid for only one year. If the term of
bail runs longer than a year, Additional premium payments are required.
Bond indemnitors can be family, friends, or even the accused. A
co-signer, or guarantor, has the most to lose should the accused not
show for trial appearances, In addition to forfeiting the premium
payment, co-signers can lose items used as collateral to cover the
remaining bail bond balance. Bond indemnitors can impose conditions of
release on the bail bond agreement, for instance, completing a drug
treatment program or mental evaluation can be required to maintain the
bail bond release. If a person on bail attempts to flee, the co-signer
can have the bail bond privilege revoked. A bail bondsman in your area
can provide additional information on c0-signing or guaranteeing a
release bond.
Using Collateral
In order to obtain a surety bond, the bondsman will require
collateral in addition to the premium payment percentage before the bond
can be issued and release gained. Collateral for the outstanding bail
bond amount can include nearly anything of resale value that your.
Equity in a home can be considered collateral assuming there Is not a
second mortgage for the amount. Cars may not be considered collateral
unless you own them free and clear of nay financing institution. Once a
large item is used as collateral, you may keep possession and continue
to use it while the bondsman holds the item's title. This includes
houses, boats, motor homes, and cars. Smaller items of value, like
jewelry, computers, cameral and firearms, will need to be surrendered to
the bondsman. The bondsman will keep thee items in a secure location
for the duration of the bail. Only the resale value of the items will be
used towards the necessary collateral amount-not the amount paid. Your
collateral is returned after charges are dropped, sentence is
determined, or innocence is proven. A bail bondsman in your area can
provide additional information on collateral.
Removing Bond Liabilities
The liability of bail is removed once the terms of the bail have been
satisfied. This includes attendance at all the court proceedings. Once
the defendant has been vindicated or charges have been dismissed, the
bond is considered void. The defendant is still liable for any fines or
penalties regarding the case. The bail bondsman will return any items
used as collateral to hold the bond. The bond agent will verify the
exoneration with the courts prior to releasing nay lies ns. However, if
an outstanding premium payment is due to the bail bondsman, the
liability is kept until the payment is paid in full. The indemnitor, or
co-signer, of the bond is liable to the full bond amount if the bond is
forfeited due primarily to the defendant “skipping” the court
proceeding. Bail bondsman expenses are also included until the court
exonerates the bond. If the defendant is sentenced for a crime and
remanded to the court, the bail collateral is released to you. The
premium payment to the bail bondsman is the exception. It's kept for
guaranteeing release and court appearances. For additional information
on the removal of bond liabilities, contact a bail bondsman.
Withdrawal of Bail
The primary condition of you bail requires you to appear in court.
However additional condition may be part of our terms of release. These
conditions can include completion of a substance abuse treatment program
or checking in regularly with some agent of the court. If you inform
someone of an intent to flee the court, your bail can be withdrawn. A
bail agent can even terminate your bail with little to no cause and
request that you be remanded to confinement. If you leave your job,
can't be found or indicated you would run from the courts, a bond agent
may withdraw your bond and return you to jail. If you pose a threat to
the community or commit a crime while on bail, the court my deny bail
and, n effect, withdraw the existing bail privilege. An attorney or bail
bondsman in your area can provide additional information on bail
withdrawal.
Right to Arrest
Bail bondsmen, in many instances, have a greater license to arrest
than local law enforcement. The Supreme Court decision of “Taylor versus
Taintor” holds that once bail is proved, “the principal is regard as
delivered to the custody of his sureties. Their dominion is a
continuation of the original imprisonment.” The arrest is not considered
a new process but an extension of the original arrest for the bailed
charge. The bondsman may at any time cancel the bail privilege and
return the defendant to confinement a bail bond agent may choose to hire
an en\forces to being in the defendant. Bondsmen or their agents are
not required to obtained additional warrants or extradition papers. A
bail bondsman or enforcer agent can break and enter the residence of the
defendant for the purpose of arrest. A bond agent may be required to
register with local law enforcement prior to making an arrest of the
defendant. Failure to notify local officials can result in fines and
potential jail time of the agent. Additional information on the right to
arrest can be provided by an attorney or bail bondsman. Although the
bail bondsman's right to arrest can include extradition, many special
circumstances may be involved.
Bounty hunters have the right to arrest an accused individual who has
fled the court. However, the process of returning them to the court can
be somewhat challegning. The bail enforcer may have to register with
the local legal authority prior to the arrest, failure to do so can
result in fines, jail time, and even kidnapping charges for the bounty
hunter. Many bondsmen have the arrest warrant and other necessary
documents available, so a court appearance in the city or state where
the arrest occurs is not necessary. The extradition authority of the
bounty hunter does not carry over to international law. So if the
accused individual has traveled out of the Unites States, the
extradition would be subject to the international agreements made
between the two countries involved. State law varies as to the
recognized authority of a bounty hunter to arrest and extradite accused
individuals. A bail bondsman can provide additional information on
extradition procedures.
Bounty Hunters
Bounty Hunters, or bail enforcers, are often hired by bail bondsmen
to locate, arrest, and return the accused person to court. Bail
enforcers share the rights to arrest with the hiring bail bond agent.
These rights may vary from state to state for example in the state of
Florida only a licensed Bail bonds person may affect an arrest. It is a
criminal offense for any other person than the Bail bonds person or a
law enforcement officer. In these type arrests there are no need to
obtain search warrants or extradition documents within the United
States. Breaking and entering is permitted by Licensed Bail Agents or in
some states by bail enforcers if the residence is that of the
individual they are tracking. However, the bounty hunter needs to be
certain they have the right person or both the bondsman and the bounty
hunter are liable or damages and lawsuits for false arrest. Many states
require bounty hunters to register with local law enforcement prior to
making an arrest. Failure to notify the local agency can result in fines
and even jail time for the bounty hunter. The rights to arrest held by
the bounty hunter doesn't transfer to foreign countries. Charges of
kidnapping can result for arrests in foreign countries. According to
state statues some states allow bounty hunters to carry firearms and
should be trained in the legal aspects of their position. Contact a bail
bondsman for additional information on bounty hunters in your state.
Skipping Bail
Skipping bail is the term used to describe a charged individual who
fails to make the mandated court appearances. When an accused person
skips bail; the court issues a bench warrant for their arrest and court
appearance. Bail is normally forfeited at a specified time period
thereafter. Once the individual has skipped, a bail bondsman may try to
locate them through whatever means possible. This can include hiring the
services of a bounty hunter. “Tracking a skip,” as it's sometimes
referred to, can involve role playing on the part of the bounty hunter.
This deception is legal and can often lead to obtaining information on
the location of the accused. However should the bounty hunter causes
property damage during the arrest, the bondsman can also be held liable
for the costs. If the accused is returned to court prior to the
forfeiture date, the bail amount has not been paid and the collateral
may be returned. State law varies on the rights and obligations of
bounty hunters in tracking an accused person. For additional information
on skipping bail, contact a bail bondsman in your area.
Federal Bonds
Bail bonds for crimes in U.S, District courts are considered federal
bonds. These bonds serve the same purpose as other types of bonds. They
release you from jail on the guarantee you'll appear at all court
proceedings. Federal offenses include any interstate crime. There is no
schedule of bail amounts for individual offenses. The judge, during an
arraignment hearing, determines the bail amounts. It's not uncommon to
have the bail amounts in federal cases be set at high levels, making
obtaining release more difficult. A bail bondsman is able to write
federal bonds for a premium charge. The normal premium charge is ten
percent of the bail amount. However, the premium amount may be as high
as 15 percent of the set bail. Federal bonds are subject to forfeiture,
should you miss your court appearances. The date of forfeiture is
determined by the court judge. Forfeited bonds are paid to the U.S
government. A bail bondsman experienced in federal bonds can provide
bail agreement.
Bail Agreements
Bail agreements constitute a contract between the indemnitor of the
bail and the bondsman. Generally the agreement includes the following
bail information: the date a bail assigned, the judge assigning the
bail, the charge and court with which it's filed, and the names and
contact information for the bond so-signer. The bail amount is also
described in the contract. Upon signing the bond agreement, the
cosigners assume the responsibility for the charged individual to appear
in court and answer any charge listed. The agreement also states that
if the arrested party fails to make the court proceedings, the bond
agency will pay the bail amount listed if ordered to do so by the court.
In the event of forfeiture, the agreement allows the collateral
securing the bail bond to be seized by the bond agency. Frequently the
agreement will also site the legal sections applicable to the agreement.
Signatures by the bond agency and guarantor are required for the
contract to be binding. Additional information on bail agreements can be
obtained from a bail bondsman.
Surety Bonds
Use of surety bond involves a series of contracts with a bondsman, or
bond agent, for the bail amount. The bondsman interviews the arrested
individual and the guarantor prior to assuring that the accused will
appear in court. This information provides the bail agent with a
reasonable determination of whether the accused will make the designated
court appearances. Contracts can also contain various conditions of
guaranteeing the release, such as completing drug treatment, Bonds are
usually written for a premium percentage of the bail's full amount.
Collateral from the guarantor is then used to secure the remaining bail
amount. The bond agent is liable to the court for the full bail amount,
in the event of the accused's failure to appear. This guarantee is made
by using the assets and property of the bail agent's insurance, or
surety, company. The surety company is usually licensed for operation by
the insurance commission of the state. For additional information on
surety bonds, consult a bail bondsman or an attorney.
Appeal Bond
Motions for release on bail are filed once the municipal court has
handed down a quilt decision. When the case is appealed, the attorney
also draws up the bail application for release pending the appellate
court ruling. Appeal bonds require that a premium percentage be paid to
the bond agent. However most bail bond agents require that the appeal
bond be backed by cash collateral for the full bail amount. This means
that instead of using property as collateral, you would need to provide a
cashier's check, certificate of deposit, letter of credit, or cash for
the full bail amount. If the municipal court verdict holds the sentence
is then enforced; and the collateral for the bound would be returned.
Failure to appear in court would mean forfeiture of the bail. The “skip”
would then be a fugitive from justice and subject to arrest and
extradition to carry out the sentence. An attorney or bail bondsman can
provide you with additional information on appeal bonds.
Immigration Bonds
Immigration bonds, like other court bonds, guarantee the appearance
of an individual charged with a legal violation in court. Bonds for
immigration charges are posted with the immigration and naturalization
service instead of a standard jail facility. The basic eligibility
requirements are the same as for other types of bonds, including the
annual premium payment paid to the bail bondsman. Immigration bonds
differ from normal court bonds due to the difficulty they present for
the bond agent. Normal licenses for bail bonds are not sufficient for
immigration bonds; a causality insurance license is required. Bonds
posted for immigration charges are also subject to immediate forfeiture
should the arrested individual not appear in court. Some bond agents
have found additional immigration bond difficulties to include language
barriers and working within the operation hours of the immigration and
naturalization service. Processes for collecting on collateral also vary
in immigration cases. For additional information on immigration bonds,
Contact a bail bondsman experienced with these bonds.
Property Bond
Depending on the jurisdiction of the case, an individual may be able
to use property to gain release. The individual posts a property bond
with the court. The value in the property may need to be twice as high
as the bail amount. This means that property equity of twice the bail
amount needs to be held free and clear by the owners. In some instances,
a court appointed appraiser will access the property value. Other
jurisdictions may accept the certified tax assessor's statement of
property value. All owners of the property listed on the warranty deed
or tax statement must sign in agreement to use their property as bail
security. Several states prohibit the use of the arrested individual's
property in release bond. The court secures a lien against the property
for the bail amount. In the event the person fails to appear for court
proceedings, foreclosure action may be taken against the property. This
allows the court to collect on the outstanding bail amount. For
additional information as to whether property bonds can be posted in
your area, consult an attorney or court officer.
Cash Bonds
Cash bonds are posted by friend, family, or yourself when you're
arrested for a crime. These bonds require the full bail amount and are
not financed through a bail bondsman. You thereby guarantee your own
presence in court. The court holds and restricts the total bail amount
until the case is concluded. Posting a cash bond can consequently tie up
necessary living funds and savings. Once the case is finalized, the
bail is returned to you. Failure to appear for trial forfeits the bail
to the court. The court then issues a bench warrant for your arrest.
It's intended that you will have more to lose and a greater incentive to
appear at court proceedings by either restricting the full bail amount
of issuing an arrest warrant. In cases involving drug trafficking, all
bail money must have proven origination from non-drug sources before it
can be used as bail. For additional information on cash bonds, contact
an attorney or court officer.
Own Recognizance
Release on your “own recognizance” gets you out of jail without bail
money of bond. You're on your honor to return for the court proceedings.
If you fail to return for trial, a bench warrant is issued; but you
suffer no financial hardship. In order to determine your eligibility for
an “own recognizance” release, a court administrator or judge will
interview you while you're in custody. Many times this interview is even
conducted over the phone. The interview provides the information an
official needs to make a recommendation to the court. While this
recommendation is important, high volumes of requests permit little time
to perform back ground searches and verify the information provided by
you. An “own recognizance” release protects your right to due process.
If you're unable to make bail, this release can allow you to return to
employment and regular living while awaiting trial. For additional
information on an “own recognizance” release, contact an attorney in
your area.
Pretrial Release
A pretrial release which allows a release from confinement prior to a
trial can take several forms. Depending on the charge, release may be
withheld. The right to bail or release is part of the due process
legislation. It prevents potentially innocent people from losing their
jobs, falling behind on bill payments, and suffering other difficulties
as a result of imprisonment. Pretrial releases consist of bail bonds,
citation releases, and release on one's own recognizance. Many pretrial
release programs are funded through local tax dollars. The programs also
save funds by releasing individual who pose no harm to the community
until their trial. When accused individuals are released, they're no
longer an expense of the local community's prison system. Should the
accused party not appear in court, no financial hardship is incurred?
However, a bench warrant is issued for their arrest. If they're found
guilty of the charge, they may receive a harsher penalty and additional
charges for the initial failure to appear. Contact a local attorney to
learn more about pretrial releases.
Citation Release
Citation release is a form of pretrial release. A “cite out”, or
citation release, is issued by the arresting officer. This citation
informs us of the date that you must appear in court. The cite out is
usually provided after the arrest, resulting in little or no time in
confinement. The court appearance depends solely on your honesty.
Failure to attend the court proceeding will result in a bench warrant
issued for your arrest. In some instances, incomplete booking can make
an additional arrest for failure to appear more difficult. By receiving a
“cite out” no financial obligation or bail is required and no financial
loss is incurred if you fail to attend the trial proceedings. The
ability to receive a citation release can allow offenders of smaller
crimes to return to relatively normal living until the trial. This
release also protects your rights and presumes you “innocent until
proven guilty.” An Attorney can provide additional information on
obtaining a citation release.
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