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Bail is the amount of money or property a judge
decides is adequate for a defendant to post to be released from custody
until their trial is heard. The defendant must deposit or promise
this amount in order to "post" bail. The judge takes many factors into
consideration when deciding on the amount bail is set such as likelihood
that a defendant will attend future court hearings and not "skip" or
"jump" bail, the type of alleged crime, how long the defendant has lived
in the area, the safety of the community and the defendant's criminal
history.
When someone is arrested and is eligible for bail, they have two options
of bail to choose from. They can either put up Cash Bail with the jail or
get a surety bond (Bail Bond) to secure their release. The purpose of bail
is to insure the court that the defendant will appear at all of their
court dates.
If a person doesn't post some form of bail they will remain in jail during
their court case and will be bussed to and from court when they have an
appearence date. If someone who has posted bail fails to appear at one of
their court dates, the court will order an arrest warrant for the
defendant, forfeit (cancel) the bail, and demand payment of the bail
amount.
In the event of a bail bond forfeiture the indemnitor (co-signer
responsible for the defendant appearing) will have to pay the full bail
amount. If cash bail was used then the court will keep it. As long as the
defendant appears at all of their court dates they can consider their
obligation of bail satisfied. The outcome of the trial (not-guilty,
guilty, or even charges dropped) is of no consequence and has no effect on
the bail.
Bail Bonds Process
Someone is arrested and let's say their bail is set at $100,000. Bail bond
companies charge an industry standard 10% fee that is regulated by the
Department of Insurance. The fee for a $100,000 bail bond would be
$10,000. We call that fee the
 bail
bond premium. You do not get the $10,000 back.
That is the cost to get someone out of jail and has nothing to do with
whether or not the person is guilty or innocent. The main purpose of bail
is to allow the defendant, who hasn't been proven guilty yet, to be free
from jail while their case is ongoing so that they can continue to work,
lead their normal life, and prepare their case without being in jail.
Depending on the charge, bail amount, and credit worthiness of the
defendant and the indemitor, it may or may not be necessary for us to
collect collateral. Collateral is a physical guarantee that the person
will appear in court. Collateral may include but is not limited to credit
cards, cash, or a deed of trust.
After the defendant has appeared at all of their court dates and the
premium has been paid in full, the collateral will be returned to the
person that deposited it. To expedite the process it is necessary for us
to have proof from the court that the case is closed and the bond
exonerated. The purpose of collateral is to give the bail bond company
added security in the event the defendant fails to appear and the
indemnitor refuses to pay the full bail amount. In the event that the
defendant flees and the indemnitor fails to pay the collateral will be
used to pay the court.
Certain type of crimes may not be eligible for bail, such as capital
crimes.
The purpose of bail is to ensure the defendant's appearance at all court
trials and hearings. In most cases the deposit amount is returned back to
the defendant after the court appearances are made, irregardless of the
final court decision of guilty or not guilty.
If the defendant fails to appear, the entire bail amount can be lost and
forfeited to the courts.
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