HOW DOES BAIL WORK
Will I get my money returned?
The premium of 10% is a fee that the bail bond agency charges for their service and is not refundable. If a defendant meets the requirements that were set by the court, then you will have any collateral returned.
What responsibility will a co-signer have?
A defendant may need a co-signer or more than one co-signer in order to help them get the bail they need. Co-signers are required to pay the entire bail bond amount if the defendant leaves the area or does not meet every requirement that is set by the court as a condition of their bail. If a court appearance is missed, a co-signer will also be responsible for helping the bail bond agency find the defendant, as well as cover costs that the agency incurred in their attempts to find the defendant.
If a defendant misses their court appearance, what happens?
When a defendant misses their scheduled court date, the court automatically forfeits the bond. Typically, the missed appearance can be rectified if the defendant is found and is returned to the court within a certain amount of time. This is true especially if the defendant failed to appear because of a mistake and they are willing to cooperate with the court system and bail bond agency. However, a defendant who willingly disregards appearing for their court hearing or is being uncooperative can have the entire amount of the bail required as well as any additional costs that are incurred for efforts to locate the defendant and return them to the court, such as costs for bail investigators.
Does a bail bond require collateral?
Generally, a bail bond will not require collateral. However, if it is required, it will usually be either cash or real estate. A bail bond agency can also agree to take a vehicle title or other item of value as collateral for bail bonds. When collateral is required, an indemnity agreement and promissory note will be necessary. The indemnity agreement will be executed in order to ensure the entire bond amount is paid or the item is forfeited.
How much money will be required in order to get a bail bond?
The amount of money that states will require for bail bonds can vary. In California, the law requires the defendant to pay 10% of the bail amount. So, for example, if the bail is set at $5,000, the defendant is required to pay $500 in order to meet the state premium in California. Depending on the particular bail bond company, there are some circumstances that will be able to lower this premium amount.
The main reason for bail bonds is to provide defendants the financial means to get released from jail pending their court hearing after being arrested. A bail bondsman will execute an agreement with the defendant as well as with the justice system that has required the bail and any co-signer, in order to secure the defendant's release as a way of ensuring the defendant will actually appear in court for their hearing.