By Damian Sofsian
The posting of a bail bond is a contractual undertaking guaranteed by a bail agent and an individual posting bail. This bail agent provides a guarantee to the court that the defendant will appear in court each and every time he or she is summoned by the judge.
A relative or a family friend contacts the bail agent, before the defendant is released, to arrange for the posting of a bail. The bail agent gets a percentage of the amount decided by the judge for that particular defendant. By signing the agreement with the bail agent regarding posting the bail, the defendant or the co-signer, who might be a relative or a family friend, must provide a guarantee that the bail amount will definitely be paid in full if the defendant fails to appear at the summons. After an agreement is signed, the bail agent posts a bond for the amount of the bail, to guarantee the defendant?s return to court.
Some bail agents prefer to have the defendant or the co-signer arrange for a collateral. Even if the collateral is not requested by the agent, the minimum criteria is that the co-signer must have a steady income, and must either own or rent a home in the same area as the defendant for some period of time. If the bail agent or the co-signer is unable to locate the defendant, the cosigner is immediately responsible for the full amount of the bail. After the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.
If the defendant cannot raise the entire amount of the bail, then the court might allow a situation in which the defendant pays a percentage of the amount directly to the local jail or court. But this is not a common practice in most courts.
Defendants also have the option of arranging for their bail through a bail bondsman. However, this involves the defendant providing a collateral to the bail bondsman. The bail bondsman or bail bond company representative will then guarantee to pay the court if the defendant fails to appear for trial, by posting a surety bail bond power of attorney with the jail or court. After the defendant has completed all court appearances and the case is closed, the bail bond will be dissolved and any collateral given to the bail bondsman will be returned to the defendant shortly thereafter.
A co-signer always has the responsibility to ensure that the defendant appears in court as and when required. The co-signer must know the whereabouts of the defendant at all times and must immediately notify the bail bondsman if the defendant has moved. Since the co-signer?s collateral is at risk if the defendant fails to show up as summoned, it is advised to be cautious when it comes to keeping an eye on the defendant. [http://www.bailbonds-web.com]Bail Bonds provides detailed information about bail bonds, bail bond companies, bail bond license, and more. Bail Bonds is affiliated with [http://www.i-criminalrecords.com]Free Criminal Records.
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By Ivar Rudi
When people who have been accused of committing a crime are arrested and taken to jail, they will go in front of a judge to determine whether or not they are eligible for bail bonds to allow them to be released.? It is an insurance to the court, that defendants will return for their trial.? Many factors help the judge to order what monetary amount he will attach to bail bonds.? The following paragraphs will discuss how the amounts are determined.
One factor the judge considers when ordering the amount is the severity of the crime.? The defendants are accused of committing a violent crime, he may decide not to grant bail, or set the amount of? it very high.? Setting the amount very high helps ensure the court that these defendants will return to court, to stand trial for the charges.? If the crime is non-violent, and the judge feels the defendants are not a threat to themselves or society, they might set the amounts lower.? The severity of the charged crime is an extremely important factor when setting the amounts.
Next, the judge normally considers the defendants’ prior criminal histories when setting bail bonds amounts for charged defendants.? If defendants have no past criminal history, he is more likely to set lower? amounts.? If the defendants indeed have a past criminal history, the bail bonds amounts are likely to be set higher, if he grants bail at all.
Finally, the judge will commonly determine whether or not he thinks the defendants will be a flight risk before setting the amounts.? Being a flight risk means that he has reason to believe the defendants will flee authorities, and fail to appear for scheduled court hearings pertaining to their case.? If he views defendants as a flight risk, he may set very high amounts, to help ensure the defendants will show up in court again.? If the defendants fail to appear in court after meeting requirements, there may be required to forfeit the money they put up for their bail bonds, to get them out of jail.? But on the other hand, if the judge does not view the defendants as a flight risk, he may be more willing to set the amounts lower for the accused.
When a person has not been accused of a violent crime, and they are not viewed as a flight risk, they can be released on their own recognizance.? This simply means they will be released from jail without any bail being required, on just their signature, and promise they will return for trial.
Copyright 2006 – Ivar Rudi, Ivar suggests you find great market for less by shopping online today. For more information and resources check out: http://www.bail-bonds-guide.com/
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By Ivar Rudi
When someone is accused of committing a criminal act, they are most commonly arrested and taken to jail. Before they can be released from jail while pending trial, someone must bail them out, or pay a bail bonds agency to step in and take over the process. The following paragraphs will answer some frequently asked questions about the process, thus helping the reader to better understand how it work.
What are Bail Bonds?
It is basically a type of bond used in order to achieve the release of someone who is incarcerated, and has been ordered to give bail in order to be released pending trial. Once it have been posted on behalf of the suspect, the accused is then released from police custody pending the final outcome of the trial. If the person does not return to court for his/her trial, the ordered amount is then forfeited, as well as any other collateral filed with the court as part of the bail bonds.
Who Issues Bail Bonds?
It is most commonly issued by licensed bail bondsmen. These agencies specialize in the field of issuing bail bonds, and seeing that their clients do show up in court when their trial begins, they must be licensed by the state.
How Much Do Bail Bonds Agencies Charge for Their Services?
The average cost of hiring them to get someone out of jail until closure of their criminal case is right around 10 percent of the actual bond cost. This does not include actual expenses agencies, which include any necessary and reasonable expense incurred with the association of the transaction. Agencies do not determine the cost of the bonds. That is up to the court to determine.
What Do Bail Bonds Agencies Do For Their Clients?
They will commonly provide their clients with:
receipts for any monies spent
copies of all signed documentation
information regarding the status of the bond, as well as status on any changes
prompt return of any and all collateral upon exoneration of the bond
If you have been arrested, or if you are ever arrested, the first thing you should do is consult an attorney before making any sort of arrangements. Although sometimes hiring an agency is your only feasible option, your attorney may be able to help you explore possible alternatives.
Bounty Hunters Locate Bail “Jumpers”
When one hires to help obtain successful release from police custody, they are essentially promising they will return to court for trial. If they do not show up for trial, their bond is forfeited, thus causing many companies to enlist the help of bounty hunters, to locate and bring the subjects back for trial, before the actual time of forfeiture. The following paragraphs will discuss the general rights of bounty hunters when their clients skip bail.
Skipping bail is a term commonly used to describe the act of accused individuals failing to make mandatory court appearances. When accused people “skip bail”, the court will issue a bench warrant for their arrest, and schedule a court appearance on the matter. If the accused misses this court appearance, the amount is forfeited. This has inspired many agencies to work in conjunction with bounty hunters to locate the accused that have skipped bail, and bring them back before it have to be forfeited.
Locating and bringing jumpers back to court is often called “tracking a skip”. This process of preventing bail bonds forfeiture is legal, and can often lead to bringing criminals to justice. If the accused is returned to court prior to the forfeiture date, the amount and all collateral may be returned. However, agencies will take their agreed to portion of the amount first.
Bounty hunters, also referred to as bail enforcers, are often permitted by law to locate, apprehend, and return people accused of a crime to court. In some states, the bondsman must be present for the apprehension, and sometimes they are the one required to make the arrest. In these type of arrests, there is usually no legal requirements to obtain search warrants or extradition documents. However, the bounty hunter must always be certain he has the right person. If not, both the bondsman and the bounty hunter can be held liable for false arrest charges.
State laws vary on the obligations and rights of bounty hunters in tracking a skip. Some states allow them, all means necessary in order to apprehend and arrest those who have skipped out, but other states have stricter laws. For additional information on your state laws regarding this, please contact a bail bondsman in your area.
Copyright 2006 – Ivar Rudi, Ivar suggests you find great market for less by shopping online today. For more information and resources check out: [http://www.bail-bonds-guide.com/]www.bail-bonds-guide.com/
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