The paperwork takes
approximately 15-30 minutes. The release time after the jail receives the paperwork
is generally one hour or less for local police stations and 2-4 hours for county
jails. Generally speaking, the busier the holding facility, the longer it takes.
2. Why don't
I get my premium back?
The bond company
puts up the full amount of the bond. Bail premiums (a.k.a. the $$$ you pay)
are paid to bonding agency for use of their money, like interest on a bank loan.
3. Why can't
I do a cash bond myself?
You usually can
for traffic and minor violations. While a few jurisdictions do allow cash bail
by the citizen?s that sign an appearance guarantee and/or post the entire bail,
most states now require a licensed bond agent to guarantee it. This way the
state knows it can instantly collect the entire bond amount plus it can put
the burden of apprehending those who fail to appear on the bond agency. Put
another way, most states do not hassle with collateral and property; they collect
bail forfeitures in cash.
4. What is and
isn't good collateral?
Items that are
considered good collateral:
Unencumbered Real
Estate is good.
Items of major
collateral such as a car, boat, motor home, etc. are deemed good, but must be
surrendered to the bail agent who will hold them in secure place. These items
are normally valued at their current resale value, not what you originally paid
for them.
Personal items
of high value such as jewelry, firearms, computers, cameras, stereos, etc. can
be used as collateral, but like items of major collateral, must be surrendered
to the bail agent who will hold them in a safe or other secure place. These
items are normally valued at their current resale value, not what you originally
paid for them.
Items that are
not considered good collateral:
A house that you
are still paying a mortgage on. It can be done, but it takes some time.
Any item (such
as a car) that you have purchased on credit in which the lender holds the title
and you make payments to.
5. When do I
get my collateral back?
Upon completion
of the court case. This happens when:
The charges are
dropped.
The person is found
innocent at trial.
The person is sentenced
at trial.
Of course, the
collateral will only be returned if there is no outstanding balance due on the
premium. The bail bond agent has a fiduciary (formal legal) responsibility to
safeguard all collateral.
6. What are
the chances that a person will be released on their Own
Recognizance (OR)?
OR release practices
vary widely by court jurisdiction. Generally the more severe the charge, the
less likely OR release is. Checking with the court or criminal attorney is probably
the best way to gauge the chances other than asking the jailers themselves.
A judge is likely
to consider a person?s stability in the community and their employment when
setting bail. But you should also know that bails and OR release standards have
been raised in domestic dispute cases over the past few years. Some states now
even have "mandatory cooling off" periods in which bail is not immediately granted
for these types of cases.
7. What happens
if the person does not appear in court as promised?
A bench warrant
is issued for the person?s arrest and the person?s name will appear in police
bulletins as a fugitive. Although specifics vary depending on the jurisdiction,
generally the court also authorizes the bail agency arrest authority for the
individual as well.
The bail agency
normally calls the person?s home, work, and other references to try to find
the fugitive and convince them to appear. If these efforts are unsuccessful,
the agency may then search and employ apprehension specialists (private investigators)
to arrest the fugitive.
From the perspective
of someone who guaranteed the appearance by posting collateral, you want to
convince the fugitive to surrender himself/herself to the police or court as
soon as possible. Normally, if the fugitive is returned before actual remittance
to the state, you can usually get your collateral back.
If the fugitive
does not surrender and cannot be found by the forfeiture date, the bail agency
remits the entire bond to the court and proceeds with legal action to (seize,
if necessary and) liquidate your collateral. By law, the bail agency is required
to refund any value received in excess of the bail amount following liquidation.
HOW BAILS WORKS
Rules and Regulations
vary from county to county for the Bail
Bonds Industry
in the State of Texas. Each county has a Bail
Bond Board.
Collateral, (which
ranges from a minimum of signing a promissory note and indemnity agreement to
filing a property lien or using cash, jewelry or anything else of value*), is
sometimes required to guarantee that the defendant will appear.
Collateral is released
once the case is adjudicated or settled.
Those posting Bail
Bonds are not responsible for the defendant's fines or court costs. However,
those posting the full cash amount of the Bail, should be aware that all fines
and court costs levied by the court will be assessed from the cash posted.
Also be advised
that should the defendant show signs of preparing to flee the jurisdiction,
no law enforcement agency will come to help you return them to the Jail. If
you attempt to return them to jail on your own, you will be exposing yourself
to possible criminal charges.
Should the defendant
fail to appear for his appointed court date, the judge will order that the full
amount of the bond be taken and the chances that any law enforcement agency
will look for the fugitive are very remote.
Posting a surety
bond with a bail bond company ensures the defendant?s appearance in court. If
the defendant fails to appear, the bail bond company has the authority to apprehend
this person and place into custody. That protects the bail bond company, plus
the person who co-signed the bond.
BAIL INSTRUCTIONS
You've just learned
a friend or loved one is being held. Follow these steps to get him or her bailed
out: Be sure about which jail he or she is in. (Is it
county, city, or
federal?)
What is the booking
number?
What is the charge?
Have the person's
full legal name.
Try to determine
the date of birth, if possible.
Go to your home
or other place where you can stay for a while and receive telephone calls.
The Bail Bond Agent
probably need to contact you several times.
Be sure you know
the telephone number where you are staying.
Try to have access
to a fax machine or the number to one you can access (e.g. the local Kinko's
fax number, a friend who has a fax, etc.)
There is normally
no need for you to go to the jail. In most jurisdictions, only a licensed Bail
Bond Agent can post bail. Also, persons who have just been arrested and are
being processed are usually not eligible to see visitors for several hours.
Try to find out
how much the Bail amount is.
Bail Bond Agencies
are normally required by law to collect 10% of the Bail set as a Premium. You
will have to pay this amount or arrange financing with a Bail Bond Agent to
assemble the funds. Cash, credit cards, and checks are just some of the ways
in which to help clients assemble the funds needed.
The Bail Bond Agency
guarantees the full amount of the Bail to the Court as guarantee that the person
will appear. You may be required to guarantee that appearance by providing collateral
for the entire bond amount. Therefore, try to know what collateral property
you could provide (e.g. House, Car, Boat, or other property of value).