Bail
- Frequently Asked Questions back to top
What is Bail? What is a bail bond?
And, what's the history of bail
bonds?
Traditionally, bail is some
form of property deposited or pledged to a court in order to persuade
it to release a suspect from jail, on the understanding that the
suspect will return for trial or forfeit the bail ("skipping
bail" or "jumping bail" is also illegal). Learn
more in JH Bail's related section.
What are my rights to bail? Are there different laws in different states?
For an explanation on the services of a bail bondsman, please check out JH Bail's related section
What are my options
if I am arrested?
The form of bail varies from jurisdiction, but the common forms
of bail include:
1. Recognizance
2. Surety
3. Citation Release
4. Property bond
5. Orders of Protection
6. Cash
7. Combinations
If you'd like a more
detailed explanation of each option, please check out JH Bail's Forms of Bail Section or the How
Bail Works Section on our sister site, abailstop.com
How Do I Get A Bond?
There are four ways in which a person may be released from custody:
How Long Is The Bail Process?
The paperwork takes approximately 20-45 minutes, depending on
the complexity of the transaction. The release time can be one
hour or less for local police stations and 6-12 hours in a county
jail. Please remember that these times are not guaranteed but
general time frames.
What is Collateral?
Collateral is some property placed within the bondsman's legal
control, which may be sold in the event the defendant does not
show for the next court proceeding. The bondsman can then sell
the property to cover the amount paid to post the bail. Essentially,
collateral is a way of insuring the defendant will go back to
court and complete his/her obligation to the court.
What Do Bondsmen Accept As Collateral?
Each bonding office will have there own standards but, for the
most part they will take:
Can I finance the bail bond fee?
Yes. We do offer payment plans for those who qualify.
At Bail Stop, we accept
the following forms of payment:
Do I get my money back after the case is over?
There are a few exceptions to this but you do not get your premium
back that you paid to the bonding office. This fee is what allowed
the defendant to get out of jail and is fully earned once the
defendant is out of custody. For example, if the defendant gets
rearrested a week later, you get neither portion nor a refund
of any money. If the bondsman fails to live up to his end of the
contract, then and only then may you be entitled to a refund of
some kind.
Can I leave the state or country while I am out on bond?
You will have to get permission from the bonding office in writing
before attempting to do so. If the court has given you direct
instructions not to leave the state or country you must then get
permission from the bondsmen and the court before leaving. Otherwise
you are subject to arrest!
What happens if the defendant misses their court date?
When the defendant misses a court appearance, a bench warrant
is issued for the person's arrest. The defendant's name is then
entered into a nation wide data base (NCIC) as a fugitive. The
defendant's Bail Agency is obligated by law to arrest individual
as well. This will cause the indemnator to incur further costs.
What happens if the case goes more than a year?
There is from time to time where a criminal case may take more
then a year, and in this case a second premium will be owed to
keep the defendant on bond. It may be wise to contact the attorney
and try to get a bail reduction in the 10 or 11 months of the
case in order to save a costly renewal premium.
What happens if the defendant gets rearrested while out on bond?
There are remedies that can be done here as well. Contact the
bondsman as soon as possible so that they can discuss your options
in full detail with you.
What happens if I think the defendant is not going to show up
for court after I have already posted the bond?
There are remedies that can be done here as well. Contact the
bondsman as soon as possible so that they can discuss your options
in full detail with you.
Are some bondsmen less expensive than others?
Bondsmen are licensed by the state in which they practice. State
guidelines provide a set rate. Some bondsmen are licensed to write
at 8%, meaning that the cost to you the customer will be less
but there are certain provisions for this rate.
If you'd like a more
detailed explanation on the services of a bail bondsman, please check out JH Bail's related section.
Can the bail bond agent discount the fees on the premium?
The surety files a rate with the department of insurance, which
must be changed. Bail is 10% of the bond amount plus an incidental
insurance fee of $10-15. Discount fees can lead to the suspension
or revocation of any agent's bail license by the department of
insurance. There are companies that legally charge 8% and 15 %
under certain circumstances. Always ask to see a rate chart if
you feel that you are being wrongly charged.
What information should I have before I contact the bail agent?
