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What are my options if I am arrested?
There are five options for release of a defendant:
A. Surety Bond (a bail bond)
B. Cash Bond
C. Release On Own Recognizance (O.R.)
D. Release on Citation (Cite Out)
How Do I Get A Bond?
There are four ways in which a person may be released from custody:
A. You can use a bondsman. This means that you will pay a fee and may need to use some form of collateral.
B. You can post cash for the full amount of the bond with the court or jail;
C. Lastly, the judge can decide to let the defendant go on there own recognizance.
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 real or personal property pledged to the Bail Agency, used to secure the bail amount, in the event
the defendant does not appear for any of his/her court proceeding(s). Essentially, collateral is a way of insuring
the defendant will go back to court and complete his/her obligation to the court. The collateral is returned to the
rightful owner once the defendants' case is finalized.
What Do Bondsmen Accept As Collateral?
Each bonding office will have there own standards but, for the most part they will take:
A. Real estate
B. Cars
C. Credit cards
D. Stocks
E. Bonds
F. Jewelry
G. Personal credit
H. Bank accounts
I. Art work
Can I finance the bail bond fee/premium?
Yes. We do offer payment plans for those who qualify at NO interest..
At Benton Bail Bonds, we accept the following forms of payment:
1. Cash
2. Visa
3. Master Card
4. American Express
5. Discover
6. Personal, Cashier's, or Traveler's Checks
Do I get my money back after the case is over?
Bail premium is non-refundable. The premium is fully earned once the defendant is released from custody.
Furthermore, while out on a bail bond if the defendant gets arrested for another charge, premium is not
refunded.
Can the defendant leave the state or country while out on bond?
The defendant needs to obtain travel authorization from the Bail Bond Agency. Moreover, in some jurisdictions
the court instructs defendants not to leave the state. The Bail Agency cannot override the Courts authority.
What happens if the defendant fails to appear in court?
Firstly, a bench warrant is issued for the person's arrest by the judge. The defendant's name is then entered
into a nation wide data base (NCIC) as a fugitive. Also, the Bail Agency is informed of the defendants
non-appearance and obligated by law to arrest individual.
What happens if the case continues over a year?
Occasionally, a criminal case may take more then a year to end. In such circumstances, renewal premium
should be paid to the bail agency, however, the court may grant a bail amount reduction and a new bail bond
will be posted directly with the court.
What happens if the defendant gets arrested while out on bond?
Contact Fast Out Bail Bonds as soon as possible. There are various options available in this circumstance.
Are some Bail Agents less expensive than others?
Bail Agents are licensed by the Department of Insurance (D.O.I.) within the state. The state regulates the rate at
10%.
What information should I have before I contact the bail agent?
A. Where is the person in custody? Make sure that you ask the person in custody where they are located (city,
state and name of jail).
B. What is the full name and booking number of the person in jail? The bail agent will need this information in
order to contact the jail. The bail agent can get the booking number for you if you don't have that information.
C. How much is the bail? The bail agent will get this information when they contact the jail if you do not have it.
With the bail amount the agent can tell you the amount it will cost to post a bond and get the person out of jail.
At what point is the co-signer no longer liable for the bond?
The co-signer is no longer liable for the defendant's bond when he/she completes all of their court
appearences and all premiums have been paid. It is best to contact the agent when the bond is exonerated by
the court. This allows the fast return of any collateral pledged and also confirms that the bond is exonerated. In
the event of forfeiture, the indemnitor is liable until the full amount of the bail has been paid, plus any expenses
incurred or until the court exonerates the bond, which then becomes void.
There are five options for release of a defendant:
A. Surety Bond (a bail bond)
B. Cash Bond
C. Release On Own Recognizance (O.R.)
D. Release on Citation (Cite Out)
How Do I Get A Bond?
There are four ways in which a person may be released from custody:
A. You can use a bondsman. This means that you will pay a fee and may need to use some form of collateral.
B. You can post cash for the full amount of the bond with the court or jail;
C. Lastly, the judge can decide to let the defendant go on there own recognizance.
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 real or personal property pledged to the Bail Agency, used to secure the bail amount, in the event
the defendant does not appear for any of his/her court proceeding(s). Essentially, collateral is a way of insuring
the defendant will go back to court and complete his/her obligation to the court. The collateral is returned to the
rightful owner once the defendants' case is finalized.
What Do Bondsmen Accept As Collateral?
Each bonding office will have there own standards but, for the most part they will take:
A. Real estate
B. Cars
C. Credit cards
D. Stocks
E. Bonds
F. Jewelry
G. Personal credit
H. Bank accounts
I. Art work
Can I finance the bail bond fee/premium?
Yes. We do offer payment plans for those who qualify at NO interest..
At Benton Bail Bonds, we accept the following forms of payment:
1. Cash
2. Visa
3. Master Card
4. American Express
5. Discover
6. Personal, Cashier's, or Traveler's Checks
Do I get my money back after the case is over?
Bail premium is non-refundable. The premium is fully earned once the defendant is released from custody.
Furthermore, while out on a bail bond if the defendant gets arrested for another charge, premium is not
refunded.
Can the defendant leave the state or country while out on bond?
The defendant needs to obtain travel authorization from the Bail Bond Agency. Moreover, in some jurisdictions
the court instructs defendants not to leave the state. The Bail Agency cannot override the Courts authority.
What happens if the defendant fails to appear in court?
Firstly, a bench warrant is issued for the person's arrest by the judge. The defendant's name is then entered
into a nation wide data base (NCIC) as a fugitive. Also, the Bail Agency is informed of the defendants
non-appearance and obligated by law to arrest individual.
What happens if the case continues over a year?
Occasionally, a criminal case may take more then a year to end. In such circumstances, renewal premium
should be paid to the bail agency, however, the court may grant a bail amount reduction and a new bail bond
will be posted directly with the court.
What happens if the defendant gets arrested while out on bond?
Contact Fast Out Bail Bonds as soon as possible. There are various options available in this circumstance.
Are some Bail Agents less expensive than others?
Bail Agents are licensed by the Department of Insurance (D.O.I.) within the state. The state regulates the rate at
10%.
What information should I have before I contact the bail agent?
A. Where is the person in custody? Make sure that you ask the person in custody where they are located (city,
state and name of jail).
B. What is the full name and booking number of the person in jail? The bail agent will need this information in
order to contact the jail. The bail agent can get the booking number for you if you don't have that information.
C. How much is the bail? The bail agent will get this information when they contact the jail if you do not have it.
With the bail amount the agent can tell you the amount it will cost to post a bond and get the person out of jail.
At what point is the co-signer no longer liable for the bond?
The co-signer is no longer liable for the defendant's bond when he/she completes all of their court
appearences and all premiums have been paid. It is best to contact the agent when the bond is exonerated by
the court. This allows the fast return of any collateral pledged and also confirms that the bond is exonerated. In
the event of forfeiture, the indemnitor is liable until the full amount of the bail has been paid, plus any expenses
incurred or until the court exonerates the bond, which then becomes void.
From Wikipedia, the free encyclopedia
A bail bond agent, or bondsman, is any person or corporation which will act as a surety and pledge money or
property as bail for the appearance of a criminal defendant in court. Although banks, insurance companies
and other similar institutions are usually the sureties on other types of contracts, for example, to bond a
contractor who is under a contractual obligation to pay for the completion of a construction project, such
entities are reluctant to put their depositors' or policyholders' funds at the kind of risk involved in posting a bail
bond. Bail bond agents, on the other hand, are usually in the business to cater to criminal defendants, often
securing their customers' release in just a few hours.
Bail bond agents are almost exclusively found in the United States. In most other countries bail is usually
more modest and the practice of bounty hunting is illegal.[1]
Contents [hide]
1 History
2 Modern practice
3 References
4 Further reading
5 External links
[edit] History
The first modern bail bonds business in the United States, the system by which a person pays a percentage
of the court specified bail amount to a professional bonds agent who puts up the cash as a guarantee that
the person will appear in court, was established by Tom and Peter P. McDonough in San Francisco in 1898.
[citation needed]
[edit] Modern practice
Bail bonds agency in Indianapolis, USABond agents have a standing security agreement with local court
officials, in which they agree to post an irrevocable "blanket" bond, which will pay the court if any defendant for
whom the bond agent is responsible does not appear. The bond agent usually has an arrangement with an
insurance company, bank or another credit provider to draw on such security, even during hours when the
bank is not operating. This eliminates the need for the bondsman to deposit cash or property with the court
every time a new defendant is bailed out.
Bond agents generally charge a fee of 10-12% of the total amount of the bail required in order to post a bond
for the amount. This fee is not refundable and represents the bond agent's compensation for his or her
services. As the practice of paying a 10% cash premium for a bond became widespread, some courts have
recently instituted a practice of accepting 10% of the bond amount in cash, for example, by requiring a
$10,000 bond or $1,000 in cash. In jurisdictions where the 10% cash alternative is available, the deposit is
usually returned if the case is concluded without violation of the conditions of bail. This has the effect of giving
the defendant or persons giving security for the defendant a substantial incentive to make the cash deposit
rather than using a bail bond agent.
For large bail amounts, bond agents can generally obtain security against the assets of the defendant or
persons willing to assist the defendant. For example, for a $100,000 bond for a person who owns a home,
the bond agent would charge $10,000 and take a mortgage against the house for the full penal sum of the
bond.
If the defendant fails to appear in court, the bond agent is allowed by law and/or contractual arrangement to
bring the defendant to the jurisdiction of the court in order to recover the money paid out under the bond,
usually through the use of a bounty hunter. The bond agent is also allowed to sue the defendant for any
money forfeited to the court should the defendant fail to appear.
In most jurisdictions, bond agents have to be licensed to carry on business within the state. Several unusual
organizations often provide bail bonds.
Four states—Illinois, Kentucky, Oregon, and Wisconsin—have completely banned commercial bail bonding,
usually substituting the 10% cash deposit alternative described above. However, some of these states
specifically allow AAA and similar organizations to continue providing bail bond services pursuant to
insurance contracts or membership agreements.
The use of surety bonds has increased over the last decade, even as various agencies have sought to find
alternatives. The efficacy of both measures is controversial.[2]
The economically discriminatory effect of the bond system has been controversial, and subject to attempts at
reform since the 1910s, at least. See, e.g., Frank Murphy's institution of a bond department at Detroit,
Michigan's Recorder's Court.[3]
A bail bond agent, or bondsman, is any person or corporation which will act as a surety and pledge money or
property as bail for the appearance of a criminal defendant in court. Although banks, insurance companies
and other similar institutions are usually the sureties on other types of contracts, for example, to bond a
contractor who is under a contractual obligation to pay for the completion of a construction project, such
entities are reluctant to put their depositors' or policyholders' funds at the kind of risk involved in posting a bail
bond. Bail bond agents, on the other hand, are usually in the business to cater to criminal defendants, often
securing their customers' release in just a few hours.
Bail bond agents are almost exclusively found in the United States. In most other countries bail is usually
more modest and the practice of bounty hunting is illegal.[1]
Contents [hide]
1 History
2 Modern practice
3 References
4 Further reading
5 External links
[edit] History
The first modern bail bonds business in the United States, the system by which a person pays a percentage
of the court specified bail amount to a professional bonds agent who puts up the cash as a guarantee that
the person will appear in court, was established by Tom and Peter P. McDonough in San Francisco in 1898.
[citation needed]
[edit] Modern practice
Bail bonds agency in Indianapolis, USABond agents have a standing security agreement with local court
officials, in which they agree to post an irrevocable "blanket" bond, which will pay the court if any defendant for
whom the bond agent is responsible does not appear. The bond agent usually has an arrangement with an
insurance company, bank or another credit provider to draw on such security, even during hours when the
bank is not operating. This eliminates the need for the bondsman to deposit cash or property with the court
every time a new defendant is bailed out.
Bond agents generally charge a fee of 10-12% of the total amount of the bail required in order to post a bond
for the amount. This fee is not refundable and represents the bond agent's compensation for his or her
services. As the practice of paying a 10% cash premium for a bond became widespread, some courts have
recently instituted a practice of accepting 10% of the bond amount in cash, for example, by requiring a
$10,000 bond or $1,000 in cash. In jurisdictions where the 10% cash alternative is available, the deposit is
usually returned if the case is concluded without violation of the conditions of bail. This has the effect of giving
the defendant or persons giving security for the defendant a substantial incentive to make the cash deposit
rather than using a bail bond agent.
For large bail amounts, bond agents can generally obtain security against the assets of the defendant or
persons willing to assist the defendant. For example, for a $100,000 bond for a person who owns a home,
the bond agent would charge $10,000 and take a mortgage against the house for the full penal sum of the
bond.
If the defendant fails to appear in court, the bond agent is allowed by law and/or contractual arrangement to
bring the defendant to the jurisdiction of the court in order to recover the money paid out under the bond,
usually through the use of a bounty hunter. The bond agent is also allowed to sue the defendant for any
money forfeited to the court should the defendant fail to appear.
In most jurisdictions, bond agents have to be licensed to carry on business within the state. Several unusual
organizations often provide bail bonds.
Four states—Illinois, Kentucky, Oregon, and Wisconsin—have completely banned commercial bail bonding,
usually substituting the 10% cash deposit alternative described above. However, some of these states
specifically allow AAA and similar organizations to continue providing bail bond services pursuant to
insurance contracts or membership agreements.
The use of surety bonds has increased over the last decade, even as various agencies have sought to find
alternatives. The efficacy of both measures is controversial.[2]
The economically discriminatory effect of the bond system has been controversial, and subject to attempts at
reform since the 1910s, at least. See, e.g., Frank Murphy's institution of a bond department at Detroit,
Michigan's Recorder's Court.[3]