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FAQ's
Frequently Asked Questions!
Bailing your loved one out can be very stressful and confusing, a experienced team eager to help can drastically lessen the burden of this ordeal. Here's a list of common questions our clients typically have:
Q. What is Bail?
A. Bail is a court-determined amount of money or property pledge that a suspect can pay to be released from jail before their trial. The purpose is to ensure the defendant appears in court, and the bail is returned once they do.
Q. Types of bail options (4 total):
- A. Cash Bond, you put up the entire bail amount, it's returned in full once you've successfully finished all your court dates and you case is completed.
- A. Surety Bond (Bail Bonds Company), surety bond, which is posted by a bail bond company to the court as a guarantee for an arrestee's appearance at all court dates. We put up the bond amount for a premium fee.
- A. Collateral Bond (Bail Bond Company), A collateral bond for bail is a bail bond secured by collateral, which is an asset that a defendant or co-signer pledges to the bail bond company. The collateral acts as a form of insurance to reduce the risk for the bail bond company. This also requires a premium fee.
- A. OR (Own Recognizance), is a court order that allows a defendant to be released from jail without posting bail. The defendant promises to appear in court and comply with any conditions set by the court. This is decided by the judge and courts.
Q. How much does bail cost?
A. Typically it's 10%, but there rebates for clients who qualify and flexible payment plan options. So depending on your circumstances your rate can be from 7-10%. (E.G. 10% of a $50,000 bond is $5,000)
Q. What happens if I (or loved one) misses court?
A. It depends on the reason, how fast you contact your, lawyer, bail agent and the courts. But generally speaking your bond goes into forfeiture and a warrant goes out for your arrest. Forfeiture means yourself, cosigner's and any collateral provided now has a judgment against it to satisfy the full amount of the bond. There's a lot of grey area between the two extremes though, illness, accidents, hospital the judge can stay they forfeiture and reinstate the bond. Best thing to do is to keep open, clear and real time communication with you lawyer and bond agent to avoid this becoming a problem if a court date is missed.
Q. Do I need cosigners?
A. Short answer is no. But if your finances and or collateral cannot cover the amount of bail you'll probably need a cosigner. Also, even if you have the cash/property but your profile doesn't suggest you're the most dependable/responsible party we might ask for an additional signer/s. (Think of it like a car loan, you may have the money but your "credit" might not be the best).
Q. Can anyone get bail?
A. In most cases yes, but there are times that the severity of the crime will cause the judge to offer no bail. This is because public safety in this instance supercedes ones right to post bond.
Q. Can I ask the court to lower bail because it's too high?
A. Yes, you, your lawyer or anyone can schedule a bail hearing or petition the court to lower bail on your behalf. Bail can go up or down depending on the circumstances of your case as they unfold.
Q. What's the role of the Bail Bond Agent?
A. Outside of the financial aspect of facilitating a loan for your bond from an insurance company we are a liaison between the courts, your lawyer and that insurance company to make sure all the terms of the bond conditions are upheld. Once bonded out you are effectively transfered temporarily into our custody to be monitored until you fulfill your court obligations in full and our bond with you is finished (exonerated). In plain terms were are there to make sure you answer to all your scheduled court dates and retrieve you if you don't. Bail is a privilege not a right.
Q. Can a Bail Bond Be Revoked in California?
A. Yes bail can be revoked for various reasons by the judge and courts. Behavior, not following conditions of the bond and getting into additional trouble while out on bail would be the most common. Bail Agents can also surrender your bond to the courts and return you back into custody for not following the agreements of bond on their side as well.
Q. Will I get my money back?
A. No. Once a bail bond company has provided services of posting a bond for you their job is complete. No matter if you get arrested for a different crime the next day or get picked up on old or unfilled charges. Additionally your premium is still due no matter how short/long your case takes to be resolved, until that premium is paid in full.
*The only time premium will be refunded is if, client has paid for bail but is released on own recognizance (OR) prior to posting bail, the transaction is canceled prior to posting bail, another bail bond company post the clients bail first, or if the bail bond company surrenders the client and his bond back into custody to relieve them if liability.