Bail Bond Industry

Look here for bail how-to-guides and bail bond news.

Bail Bond Classifications

Bail Bond Classifications

If you are arrested and charged with a criminal offense, bail can literally be your “get out of jail card.” Obviously it isn’t free, but it does represent hope to secure at least your temporary freedom.  Going home to your family and your job, until your court date arrives, can help your defense and of course your financial position.

There are several types of bail that a judge can set, depending on a few different factors: the nature and circumstances of the offense, your family ties to the community, your financial condition, length of residence, your prior criminal history, character, and mental condition.

Cash Bond –  This means the court requires the total amount of bail to be paid in cash; typically ordered if you are considered a flight risk, have failed to appear for prior hearings or a warrant was issued for unpaid fines.

Surety Bond – A third party (friend, business associate or family member) agrees to be responsible for your debt of obligation. Generally this service is provided by bail agents, who are paid a nonrefundable premium of 10% of the bail amount (surety on the bond).  A bail bondsman gives a guarantee to the court, assuring they will cover the forfeited bail amount if you fail to appear.

Property Bond – You or your third party pledges real property, which must have a value of at least the amount of the bail; more usually it must be twice the amount set.  If you fail to appear the state can levy the property or file a foreclosure against it to recover the bail amount.

Combo Bail + Conditions – At times the court will combine a bail with specific conditions; requiring a cash or surety bond plus additional conditions to make certain the community isn’t put at risk, or to better assure you appear for your court date.  This can also include a protective order.  Conditions may require you to surrender a passport and any firearms, make mandatory phone calls to your police station, submit to electronic monitoring or house arrest, drug or alcohol testing or counseling.

Order of Protection – The court requires you to refrain from contact with the victim in your case, and from any criminal actions against them.  If this order is ignored you could automatically lose your posted bail and be subject to harsher fines or additional prison time.

Immigration Bond – This is a federal bond used if you are arrested and are an illegal alien.  You will deal directly with the DHS (Dept. of Homeland Security) or the ICE (Bureau of Immigration & Custom Enforcement.  This specialty bond premium is usually 15-20% of the bond amount and the application process can be longer.

Federal Bond – More work is involved as well as more risk for the bail agent, so your premium will be 15% and the bail is generally going to be a lot higher.  Collateral will be required to cover the rest of the bond, but in this case you must attend a Nebbia (or bail sufficiency) hearing; essentially you or your family must prove the collateral and bond cash is from a legitimate source and not derived from criminal activity.

Released on recognizance (OR) – An unsecured bond wherein you will promise to appear at all judicial proceedings and not take part in any illegal activities or other restricted conduct the court deems inappropriate.  Usually a dollar amount is still set but not paid unless the court orders that it be forfeited.

Cite Out or Citation Release – The arresting officer issues a citation to you when you arrested, ordering you to appear at a specific court date and time.  These require no payment of security and usually are given out as soon as you are arrested.

How Bail Bonds Work

“You’re under arrest,” isn’t something anyone wants to hear, whether or not you are innocent.  Though for the most part we want our justice system to move swiftly, there are times when it’s a little too fast for comfort.  If you’ve been arrested, for whatever reason, your number one priority is getting released as quickly as possible!  Finding representation quickly and having a bondsman on tap can be your lifeline to an otherwise terrifying experience.

Setting the Bail

At your hearing, after you enter a plea, you could be released on your own recognizance (ROR) until your court date.  Depending on the charges, and severity of the alleged crime, another choice is that the Judge will set bail.  If you have the cash to post the bond yourself, it saves you the bond fee and you will get the entire amount back on your court date after you appear.  Without the necessary funds on hand the easiest “get out of jail card” is for you or a friend or family member to contact a bail bondsman.

How Bail Bonds Work?

Benefits of Posting Bond

If bail is set and you cannot pay, you will absolutely be detained until your day in court.  If bail is posted and you are released, you gain the opportunity to meet with and acquire an attorney of your choice and means.  Not only is it a tremendous relief of stress for you but also for your family.  Release means you can return to your home and, more importantly, get back to work; losing income on top of sitting in a jail cell can be emotionally and financially devastating.  Though the premium for a bond is 10% of the total bail, it is a small price to pay for your freedom – not to mention the relief that can come from having a professional who knows the ropes handling your release.

What the Bondsman Needs to Know

Whether you are calling a bondsman from jail, or have asked a friend or family member to do so, be prepared to answer several key questions; where exactly you are being held, how long you have lived at your current address, where you are employed, what the charges are and when you were arrested.  For the co-signer, the bail agency will need to know how long they have known you, are they working (and how long at their current employer), and do they own a home or property.

Indemnifying the Bond

Usually a co-signer is needed to guarantee the bond.  By arranging the bond for a defendant and signing the paperwork, your co-signer would become liable for you appearing in court as directed; meaning they would be responsible to pay the full amount of the bond if you failed to appear for any reason.

Usually collateral must be given to ensure the entire bond amount can actually be paid if necessary.  Collateral is anything of value and may be in the form of additional cash, property, jewelry, etc.  The collateral is returned after complete resolution of the case and all premiums due are paid – generally upon discharge or exoneration of the bond.

How Much Time Does it Take for Defendant’s Release?

Bond paperwork may take as little as an hour, and your release can be anywhere from 30 minutes to 48 hours; the times vary from jail to jail and state to state.  If you’re using a bail bondsman, it’s a pretty safe bet your release will be as fast as it can possibly be accomplished.

Failure to Appear

If you do not appear in court on the date and time instructed, you are considered a fugitive and a bench warrant will be issued.  A bench warrant is a type of arrest warrant issued by the court when someone fails to comply with a court order or requirement.  It literally gives law enforcement the authority to pick you up, and bring you before the judge’s bench to respond to the charges.  If you obtained your release via a bondsman, the bail agency is usually given authorization to arrest you and will enlist the help of your co-signer in doing so.

The Evolution of Bail Bond Law

 Bail is a form of surety deposited with a court in exchange for releasing a suspect from incarceration – with the assurance that this suspect will appear for their trial date. If they should fail to appear, the bail is forfeited and additional charges can be brought against the defendant, whether or not they are found guilty of the charges for which they were accused. When a bail bondsman is used to post bail, the fee paid is not refundable as it is the fee for a purchased insurance on the suspect.

Early American Ideals

Bail laws in the United States were originally based upon English law. A few of the new colonies automatically guaranteed bail for detained suspects; once the Declaration of Independence was born in 1776, the rest of America’s colonies enacted bail laws of their own. The Constitution’s 6th Amendment requires that a detainee must “be informed of the nature and cause of the accusation,” allowing the suspect to demand bail if they are accused of a “bailable” offense. The Judiciary Act, passed by Congress in 1789, specified the kinds of criminal acts which were bailable (non-capital offenses) and established new criteria for judicial “discretionary boundaries” in setting a suspect’s bail.

The Bail Reform Act of 1966 stated that a “non-capital defendant is to be released, pending trial, on his personal recognizance or on personal bond” unless the judge ruled those incentives would not reasonably assure the subject’s trial appearance. The judge then had to choose an alternate bail from a conditions list, such as travel restrictions. In the case of non-capital charges, this Act did not allow the judge to take a suspect’s danger to his community into consideration. It did allow that a judge consider such danger in a capital case or after conviction.

Current Bail Guidelines

In 1984 our Federal Law replaced the Bail Reform Act of 1966, and allowed pre-trial detention of suspects based upon their possible danger to the community (prior bail statutes had only determined bail according to the detainee’s risk of flight). The current bail law is codified at United States Code, Title 18, Sections 3141-3150, see: http://www.law.cornell.edu/uscode/text/18/part-II/chapter-207.

Though individual states vary as to the intricacies of bail law, usually a suspect charged in a non-capital crime is presumed to be bailable. Some states have adopted laws similar to Federal law; i.e. permitting pretrial detention when a suspect is charged with serious or violent crimes, and they are demonstrated to be a flight risk or danger to their community.

Modern bail bond businesses are rooted in the system first established by Peter P. and Tom McDonough in San Francisco in 1898. Pete was a colorful character, who spent 8 months in the Alameda County Jail for bootlegging, eventually seeking a pardon from Calvin Coolidge. Throughout the years, Pete McDonough developed a tight network with outlying police precincts, and was able to quickly convince judges to sign an order of release for his clients.

Learn more about Bail Bonds.

How to Post Bail

If you or a loved one has been arrested, then a judge will determine how much your bail will be. But once that is done, how do you post bail? This video from Howcast.com explains.

The cheapest and quickest way to post bail is to pay the court in cash. This money will be returned to you when the case is over. But if you don’t have the cash, then you need to contact a company that supplies bail bonds. Many will charge you 10% of the bail amount, but they will then pay the full bail amount to the court. However, the 10% fee is a payment, so you won’t always get it back.

Some bondsmen may require some collateral or require a friend to co-sign a bail contract. But as long as you show up in court when you are required to, the property will be returned to you.

Here at Bail Hotline, we’ll work closely with you to come up with the payment plan that suits you. Collateral is not always required, and you may be eligible for a lower premium. Contact us today for more information.  (888) GET-BAIL

Can’t Afford to Post Bail?

Posting bail after an arrest is setting up an agreement between the accused and the courts. They pay a determined amount of money in exchange for freedom and the guarantee that they will return to court when they are ordered to. And while not everyone can afford to post bail right away, there are still options.

Here’s what to do if you can’t afford to post bail:

Continue reading →