What Happens When Someone is Arrested:
Arresting law enforcement agency takes the defendant into custody for processing in a city or county jail which can normally take anywhere from 1 to 8 hours. After the booking process, if the defendant is not released on O.R. or Citation Release, bail will be set for the offense.
The Bail Process:
When someone is arrested, they are taken to a police station and booked. When a suspect is processed (booked) the information is recorded. The information gathered is documenting the prisoner as well as the crime. Usually, a criminal background is checked, fingerprints, and photo taken. The suspects property is inventoried and will be returned upon release. The suspect may be required to test for drugs and/or alcohol. The suspect is usually allowed to make a phone call and an officer / jailor will place the prisoner into a cell.
How Bail is Set:
The amount of bail depends upon the crime the suspect is accused of. Some Superior Court Jurisdictions have a bail schedule that lists the offense as well as the bail amount. The Judge also exercises digression when considering bail for a defendant. One of the issues a Judge considers is prior criminal history and past failure to appear on any prior court appearances. Another consideration is whether the defendant is a danger to others or other concerns raised.
The Bail Itself:
There are several different types of bail.
1) Cash Bail.
2) Surety Bond.
3) Cite Out.
4) Own Recognizance.
5) Property Bond.
When To Call A Bail Agency:
Upon defendants arrest or when you have been informed by the defendant that they have been arrested. In calling our office, we will be able to monitor your friend or loved ones booking process, explain the bail process and inform you when bail can be accepted at the county or city jail.
How to qualify for a bail bond:
When speaking with a bail agent, you will be asked several questions pertaining to your financial, employment and living situation. During this process, It would be determine based on the amount of the bond if property or collateral will be needed to secure the bond prior to pre-qualifying you as the indemnitor (co-signer).
What is an indemnitor?
If you qualify for the bond, you will become the indemnitor on the bail agreement. As an indemnitor, you are accepting responsibility for the full face amount of the bond and the defendants appearance in court every time they are order to appear. Your responsibility is fulfilled most commonly when they are convicted, discharged or dismissed on the case. You are responsible for the premium charged on the bond, including unpaid balances and other fees associated with the posting of bail.
What if the defendant fails to appear while on bail?
If the defendant fails to appear as ordered by the court while on bail, the court will order the bail bond forfeited and you will have to pay the face amount of the bond. If the defendant is apprehended by the bail agency within the time allowed by law, than all necessary cost incurred as a result of forfeiture will be your responsibility to pay including attorney, court and recovery fee’s associated in getting the bond exonerated.
If I deposited collateral or property to secure the bond, when do I get it back?
Any collateral deposited as security for the bail bond will be held until verification from court is received that the bond has been exonerated. However, if the bond was forfeited, than all collateral or property taken will properly be liquidated to pay the face amount of the bond.
If you have any question do not hesitate to eMail us Here or Call 1-877-8-BOND-88 |
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