FAQ - Better Bail Bonds

The laws of bail are important as is your knowledge of procedures as a bail consumer.

Appearance summons, 10% bail, bail bonds and/or Release on Own Recognizance (ROR) all require the accused to make court appearances as a defendant.

A defendant going through the judicial system should take steps to protect themselves in an effort to not only obtain the most favorable decision as possible, but to prevent receiving a harsh decision because of an oversight or bad attitude.

10 BASIC ISSUES TO KNOW WHEN DEALING WITH THE COURT AND BAIL

1. KEEP COPIES - Always keep documents, fees, fines and other money receipts, important information and telephone numbers are all items that you will need to refer to - EVEN YEARS DOWN THE ROAD.
2. MISTAKES - Yes they do happen by various overburdened judicial support divisions of the Court. Do your job to prevent mistakes by keeping in touch with the many helpful clerks of the Municipal Court, Criminal Division Manager of the Superior Court, your attorney's office or your bail bond agent.
3. YOUR LAWYER - Don't regret not hiring an attorney to protect your interests.
4. COURT DATE ADJOURNMENTS - If you think you do not have to go on the next court date, call the court clerk to prevent regretting items 1, 2 & 3 above.
5. LUCK - It happens every day in the judicial system so keep informed and make it work for you.
6. MAKE THE CALL - A worried person's best tool for problem fixing. Not sure of the answer? Make the call!
7. CARS - Most arrests begin with a car. Satisfy any open warrants or unpaid fines.
8. CHEMICAL DEPENDENCY - A good patient begins to make any program successful. BEGIN TODAY.
9. BOUNTY HUNTERS - Yes they do exist and only the defendant creates a reason for a unexpected visit.
10. BAIL - If its got to be done, get it done.

How long does it take to get released from jail?

It depends on which type of jail you have been booked into. City jails are operated by the city police departments. After a defendant is booked into a city jail (which typically includes being fingerprinted, photographed, warrants checked, etc), can take anywhere from 15 minutes to an hour to be finally released on bail.

The second type of jail is a county jail. With the county jail, which is operated by the county sheriff, it can take anywhere from 2 to 8 hours and up to 24 hours to be released on bail.

Regardless of which type of jail you are booked into you have to take into consideration of the severity of your crime and that city and county jails operate by their own pace. We will do everything possible to expedite your bail release however, patience is key to getting through it as smoothly as possible, keeping in mind that we will be by your side every step of the way.

What are my release options?

• Cash Bail Bond: To be released on cash bail, someone must post with the court the total amount of bail, in cash. The purpose of this is to secure the defendant's return to court on an appointed date, and thereafter until the case is concluded. If the defendant shows up for his/her scheduled court appearances, the cash is returned to the party who posted bail. If s/he fails to appear, the cash bond is forfeited to the court and a warrant is ordered for the defendant's capture and arrest.
• Surety Bail Bond: A surety bail bond involves a contractual undertaking guaranteed by an admitted insurance company, having adequate assets to satisfy the face value of the bond. The bail agent guarantees to the court that they will pay the bond forfeiture if a defendant fails to appear for their scheduled court appearances. The bail agent will guarantee that it is made through a surety company and/or by the pledge of property owned by the agent.
• Property Bail Bond: In some cases an individual may obtain release from custody by means of posting a property bond with the court. Here the court records a lien on property, to secure the bail amount. If the defendant subsequently fails to appear at the scheduled court date, the court may institute foreclosure proceedings against the property to obtain the forfeited bail amount.
• Own Recognizance (O.R.): The most well known method of release, pending trial, is through a county or law enforcement administered pretrial release program. Usually, the staff members of these programs interview individuals in custody and make recommendations to the court regarding release of these individuals on their own recognizance (i.e., without any financial security to insure the interviewee's return). The defendant must be deemed to not be a flight risk or a risk to themselves or others among other criteria.
• Citation Release: This procedure, known as the "Cite Out",this involves the issuance of a citation by the arresting officer to the arrestee, informing the arrestee that he or she must appear at an appointed court date. The Cite Out usually occurs immediately after an individual is arrested. Such an arrestee's appearance in court depends exclusively upon the integrity of the arrestee and his or her voluntarily returning to court.

What does "forfeiture" mean?

A forfeiture occurs if a defendant fails to appear in court as scheduled. In this event, the bail bonds company has approximately six months to "surrender" the defendant to the court with no financial consequences. If this does not happen, the bond is payable to the court by the bail bonds company. After this has happened, a bounty hunter will then be assigned to capture the arrestee.

What is a "premium"?

A premium is the amount paid to a bail bonds company for the many services and financial risks assumed by the bail bond company, on behalf of the defendant., The amount of this premium I usually 10% of the amount of the bail.

Are Bail Bond Agents licensed and registered?

Yes, Bail Bond Agents must undergo a background check, pass a 4-hour examination, and obtain a license from the the state that they will be working in. To maintain the license, agents must attend 8 hours a year of continuing education.

How much does a Bail Agent Charge?

As per state law, a bail agent charges the amount of the premium.

What is a Bail Contract and what are the main terms?

A Bail Contract defines the relationship and obligations of the defendant, the court, the bail bonds company, the surety insurance company behind the bond, and the indemnities of the bond.

What is the duration of a bond?

A bond is in effect until the defendant completes his or her obligations that have been ordered by the court. This usually means that it ends when the defendant appears in court when scheduled.

What does a bail agent do for the consumer?

With his/her money on the line, a bail agent has a financial interest in supervising the defendant and ensuring that they will appear for trial. If a defendant skips bail the agent has time and the financial incentive to find the defendant and bring him or her in. Significantly, commercial bail bond agents profit only when the defendant shows up for trial.

What is "collateral"?

Collateral is usually supplied by relatives and friends of the defendant and provides added financial security to ensure that the defendant appears in court when he or she is supposed to. Collateral can be in the form of anything of financial value that is legally pledged to back up the promise that the defendant will appear on his or her appointed court date.

Is the premium paid refundable?

No - the premium amount is for the many services provided by the bail bonds company to release the defendant from jail and make sure he or she appears in court. The premium is not refunded when the defendant appears in court - even if the charges are dropped.

When do I get my collateral back?

Collateral is returned to its owners immediately following the payment of all premiums and the exoneration of the bond is issued by the court.

What does "exoneration" mean?

A bond is exonerated when the defendant appears in court as scheduled. This means that neither the people who supplied collateral or monies has any further financial obligation to the court in reference to the defendant's case.

What is a "misdemeanor crime"?

Misdemeanors are defined basically as crimes that are punishable by up to one year in the county jail such as petty theft and drunk driving.

What is a "felony" crime?

Felony crimes are crimes that are punishable by one year or more in a state prison. Examples of felony crimes are rape, murder, and armed robbery.

What is a defendant?

The person who has been charged and arrested.