|
Frequently Asked Questions
(FAQs)
- How long does it
take to get out of jail?
- Why don't I get my
premium back?
- Why can't I do a
cash bond myself?
- What is and isn't
good collateral?
- When do I get my
collateral back?
- What are the chances
that a person will be released on the Own
Recognizance (OR)?
- What happens if the
person does not appear in court as promised?
1. How long does it take to get out of
jail?
The paperwork takes approximately 15-30 minutes. Once the jail receives
our paperwork, the release time can vary from one hour or less for local police
stations to 2-4 hours for county jails. Generally speaking, the busier the
holding facility, the longer it will take.
Back To
Top
2. Why don't I get my premium back?
The bond company puts up the full amount of the bond. Bail premiums
(the money you pay) are paid to bonding agency for use of our money, like
interest on a bank loan.
Back To Top
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 citizens that sign an
appearance guarantee and/or post the entire bail, most states now require a
licensed bond agent to guarantee for two reasons:
1) To ensure the state
can instantly collect the entire bond amount.
2) The bond agencies shoulder
the burden of apprehending those who fail to appear in court.
Back To
Top
4. What is and isn't good collateral?
Items that are considered good collateral:
Unencumbered Real
Estate is good collateral, as are cars, boats, motor homes, etc.
Personal items of high value such as jewelry, firearms, computers,
cameras, stereos, etc. can also be used as collateral, but like items of major
collateral, these must be surrendered to the bail agent who will hold them in a
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 the mortgage on is not considered good
collateral. We can accept such houses, 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 the payments to.
Back To
Top
5. When do I get my collateral back?
You will get your collateral back upon completion of the court case when one
of the following happens:
1) The charges are dropped.
2) The defendant
is found innocent at a trial.
3) 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 legal responsibility
(called a fiduciary) to safeguard all collateral until the balance is
paid.
Back To
Top
6. What are the chances a person will be released on
the Own Recognizance (OR)?
"Own Recognizance" (OR) release practices vary widely by court
jurisdiction. Generally speaking, the more severe the charge, the less
likely the person will be released on an OR. Checking with the court or
criminal attorney is probably the best way to gauge the possibilities 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. However, please be aware that bails and OR
release standards have been raised in domestic dispute cases over the past few
years. Some states now require a "mandatory cooling off" period in which
bail is not immediately granted for domestic disputes.
Back To
Top
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 fugitve 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 and, if necessary, liquidate your collateral. By law, the
bail agency is required to refund any value received in excess of the bail
amount following liquidation.
Back To
Top
|
![[]](images/arrow.gif){kind=icon}
