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A bail bond is a way for a defendant to pay the jail to get out of jail until their court date. If the defendant cannot afford bail, they must wait in jail until their court date.
There are four different types of bail: surety bail, recognizance bail, cash bail, and property bail.
Surety bail is when a bail bond company posts bail on behalf of the defendant. The bail bond company will charge the defendant a fee (usually 10-15% of the total bail amount) and will post bail on the defendant’s behalf. If the defendant fails to appear in court, the person who took out the bail bond can lose any collateral or have additional penalties depending on their contract.
Recognizance bail is when the defendant signs a written agreement with the court stating they promise to abide by certain conditions and will appear in court when required. If the defendant fails to appear or abides by the conditions, a bail enforcement agent may be sent to bring them back to court and they may forfeit any bail that was posted.
Cash bail is when the defendant or a cosigner pays the bail amount in cash to the court. The bail amount is then returned to the payer at the end of the case as long as the defendant appears in all scheduled court appearances.
Property bail is when the defendant pledges property, such as real estate, jewelry, or stocks, equal to or greater than the bail amount. The property is held by the court until all scheduled appearances are made, at which time it is returned to the defendant.
Since arrests can happen at any time, bail bond agencies are typically open twenty-four hours a day. Many times, payment and paperwork can be completed electronically which can help expedite the process. The paperwork is a contract between the person posting bail and ensures that they fully understand that they are agreeing to be responsible for the defendant showing up to all court proceedings. The paperwork will also discuss what they have put on the line (some form of collateral) to ensure that person shows up in court. The paperwork will also discuss the fees involved. When contacting a bail agent, they will need to know the full name of the defendant, the booking number and the charges they were brought in for, as well as the location of the jail they are being held. From there, the bail agent will bond the defendant out of jail. When the bail bondsmen is at the jail, they are given the court date, a receipt and all the paperwork involved so that the bail bondsmen has all the pertinent information to follow up with the case. This can take several hours depending on procedures and how busy the jail is.
If the defendant fails to show up to any court proceedings, it will be the responsibility of the bail agent to pay the full amount of bail to the court. From there, the bail agent will hire a bounty hunter to track down the defendant and take them back to jail. If the defendant fails to appear in court, the person who took out the bail bond can lose any collateral or have additional penalties depending on their contract.
A portion of the proceeds will be used to help those who are unable to afford bail.
The Recovery Fund is for those who have missed court, need help getting to court or need to be found and brought to court.
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