The Bail Bonds industry can be a complex. We have decades of experience navigating clients through the court process. We have put together a presentation that will outline the bail bonds process. http://www.bailbondsdoctor.com
BAIL BONDS DOCTOR
How Bail Bonds
What is Bail?
Bail is a service mandated through the Constitution of the United States
and the State of Minnesota to allow people accused of crimes to remain
free until their trial. It is far easier for people accused of crimes to prepare
their defense while out of custody, so bail is a benefit that allows people
to ensure that when they have their day in court that they have all the
information they need to protect themselves and their freedom. Once the
bail amount is paid the accused person can leave jail, but with the promise
of returning for their next court appearance. If they fail to do so or “skip”
bail, they forfeit the amount of money they paid to the court and further
endanger their case and their freedom.
How Bail Works
The most common type of bail requires a set amount of money or property given to the
court in order to secure the release of a person accused of a crime. This amount of money is
begins with a predetermined amount for each crime as determined by a document called a
“bail schedule.” These documents lay out the bail for thousands of crimes from a traffic
ticket to domestic violence to attempted murder. Some particularly serious crimes do not
allow bail, or a judge may declare that a person is a flight risk, which means that if released
on bail the accused may flee prosecution and not return. Judges have a great deal of leeway
in setting the amount of bail, so every case is different.
Depending on the alleged crime, bail can be extremely expensive, and not everyone has the
cash to pay the court thousands of dollars to get out of jail. In that case, Bail Bonds are the
best option. A bail bond is a contractual undertaking called a corporate surety bond (or bail
bond) presented to the court and guaranteed by a Bail Agent and the individual(s) paying
for bail (Indemnitors).
The Bail Bond Agency
The Bail Bond Agency promises the court the defendant will appear as required or the
Bail Bond Agency will pursue the fugitive and attempt to bring him/her back to jail
voluntarily or involuntarily without delay. The Indemnitor(s) are also financially
responsible if the defendant should fail to appear in court. In turn, the Indemnitor(s)
make a contractual deal with the Bail Bond Agency that they will assure the defendant
complies with the bail regulations. This includes going to every court date on time, and
they are responsible for advising or reminding the defendant to comply with dates, times
and other requirements set forth by the court and the Bail Bond Agency.
If the defendant and/or the Indemnitor(s) on a particular Bail Bond fail to fulfill their
obligations of the bond, it may result in serious financial ramifications if a court declares a
Bail Bonds Fees
For this service, the defendant is charged a percentage of the bail amount. Bail Bond
premiums begin at 10% of the total bail bond amount plus any additional fees that may
be incurred. Under certain circumstances, the Bail Bond premium may vary from a 20%
discount (8% premium), to a higher premium of up to 15%. Please contact us for details
to see if you qualify for the lower legal rate. Bail premiums are mandated by law in each
state and are not negotiable.
Before being released the defendant, a relative, or friend of the defendant, typically
would contacts a bail agent to arrange for the posting of a Bail Bond. Prior to the posting
of the bond, the defendant or a co-signer, aka indemnitor(s), agree that if the defendant
does not appear in court or adhere to the Bail Bond contract, the Indemnitor(s) must
guarantee that they will pay the full amount of bail bond and any and all out of pocket
Securing a Bail Bond
Depending on the circumstances, the bail agent may require some form of collateral in
order to write the bond. Collateral is something of value that the Bail Bond Agency is given
or assigned in order to cover the full bail amount in the event that the defendant does not
go to court or follow through with the disposition of the court and the bail is forfeited
(when the bail bond is ordered to be paid to the court). Generally speaking, the higher the
bail, the more likely it is that a Bail Agent will require collateral in order to reduce their risk
or exposure on the Bail Bond. Collateral can be in the form of real estate, a
vehicle, cash, jewelry or anything else of value. Often, the collateral must have the ability to
be converted to cash within a reasonable period of time. In addition, the amount of
collateral will generally be required to be 1.5 to 2 times the amount of the Bail Bond.
In addition to the required Bail Bond premium, an Indemnitor will need proper
identification, a pay-stub or other verification of employment, and will be required to
supply the Bail Bond Agent with personal information, such as; social security number, birth
date, drivers license number, address, phone numbers, employer, employer's address and
phone, supervisor's name and phone, whether you own or rent your
residence, references, plus any other pertinent information deemed necessary by the Bail
Agent in determining whether you qualify as an Indemnitor.
Getting out of Jail
After all of the paperwork is completed, the Bail Agent will present the Bail Bond to the jail
or court. The amount of time the jail or court processes the Bail Bond varies with the
workloads at the jail or court, the size of the jail or court, and many other factors outside the
control of the Bail Bond Agency. Once the Bail Bond is presented to the jail or court, the Bail
Bond Agent will contact the Indemnitor(s) to advise the timeline for the defendant's release.
If the release is within a reasonably short period of time, the Bail Bond Agent may be in a
position to provide a free ride home to the defendant. Otherwise, a ride will need to be
arranged by the Defendant or Indemnitor(s).
Once the defendant is released from jail via a Bail Bond Agreement, the full premium is
earned. There is no refund of the premium unless, under certain circumstances, there is a
Bail Bond revocation without cause, but this is a rare occurrence.
BAIL BONDS DOCTOR
2750 Johnson St. NE.
Minneapolis, MN 55418