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Usually the best way to explain bail bonds so people
understand is to first explain how bail works if you put up Cash
Bail. Let’s say for example the bail is $10,000.
A friend or family member can take $10,000 cash to the jail to
get the person out. The full $10,000 will be held by the court
to guarantee that the person will make all of their court appearances.
If the person were to skip bail, the Indemnitor would lose the
$10,000 if they could not get Defendant back to court. If the Defendant
does make all of their court appearances, then about 6-8 weeks
after the case is over the court mails the Indemnitor a check for
the full $10,000.
Here’s how it works with a Bail Bond:
Let’s say the bail is $10,000. Then cost of the bond is $1,000.
That’s the fee to put up the $10,000 and it is called the
Premium. You do not get the $1,000 back. Once the person walks
out of the jail, that money is spent. Whether they are out of jail
for one minute or one year, it’s the same price. If charges
are not filed, case dismissed, false arrest, etc. you do not get
the premium back. But on the other hand if the case goes on for
several months, maybe a year, they have the benefit of being free
and being able to live a normal life in between court dates instead
of being locked up.
Whatever you give us for collateral you do get back when the bond
is exonerated and your account is paid in full. Quite often, people
will call and say the judge, bailiff, court clerk or someone at
the court told them their bond was exonerated and they can go get
their money back from the bail bondsman. They must be referring
to collateral not realizing bail bondsman don’t take collateral
on every transaction anymore.
Questions and Answers:
As a Co-signer or Indemnitor, what are my responsibilities?
The purpose of the bail bond is to guarantee that the defendant shows
up to court each and every time that they are ordered to do so.
You are financially responsible for making sure the person you
bail out makes all of their court appearances. As long as they
do that, no one ever has to pay the full amount of the bail. For
example, if the bail is $10,000 and you paid the $1,000 premium
and the defendant made all of his court appearances you would not
have to pay anything other than the initial $1,000 that you paid
when the person was released from jail. If the person is sick,
gets a flat tire, etc. and we are able to get them back into court
with no more effort than a phone call, it doesn’t cost you
anything. If we have to hire fugitive recovery agents (aka Bounty
Hunters) you will be responsible for reimbursing us for their fees.
If they are unable to find the defendant and bring him or her back
to court, you would be responsible for paying the full $10,000.
If you are signing for someone that is not a relative or close
friend, make sure that you feel confident you know them well enough
to accept this amount of financial responsibility for them. Do
not sign for a bail bond for someone if you think there is a chance
they are going to skip bail or if you are feeling uncomfortable
about signing for the bail bond. Take your time, think about it.
Talk to friends and family, get their opinion. Make sure you feel
comfortable with your decision.
If I can put up the full amount in cash with the jail or court
do I need a bail bond?
No. If you post the cash directly with the jail or court, you will
not have to pay the premium. The only drawback is that a large
amount of your cash will be tied up for an unknown amount of time.
On the average, cases last about 4-6 months if someone pleads not
guilty. Policies and procedures are different for each facility.
If you choose this option, please contact the facility directly.
We do not have specific information about their requirements for
cash bail.
I have the cash in the bank, but it’s the weekend
and I can’t
get to it until Monday. Can you put up the bail bond until Monday
when I can put the cash up and then give me my money back?
We can post the bond for you, but we can’t return the premium.
Once someone is released on our bond, it has been activated and
must be paid for. The amount of time, no matter how short, is of
no consequence.
Does the jail accept credit cards for bail?
No. Jails and courts do not accept credit cards for the purposes
of bail. Most likely, the credit card processing fees preclude
this from being an option.
We do accept credit cards for bail bonds.
How long will it take to release my friend or loved one from jail?
In general, our paperwork takes about 20 minutes. Release time
from local jails is usually less than an hour once the person has
been booked. An exception to this is when the person was arrested
for DUI or drunk driving. In that case, the jail must hold the
person for a set number of hours depending on how much alcohol
was in their system at the time of arrest. Typically it will be
6 hours before the jail will allow the bail bond to be posted and
the person to be released.
The release time at county jails takes longer. If the person is
returning to the county jail from court that day, their file must
be updated before the jail will allow a bond to be posted. For
example at the Orange County Jail, files can be updated as early
at 8:00 p.m. or as late at 1:00 a.m. following an in-custody court
appearance. Los Angeles County usually takes 1-3 days to update
their files and then another 8-12 hours or more to release someone.
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