|
How Bail Works If a person has not been released on their own recognizance, or released on citation, they will need to post bail. The basic bail release options available to an arrestee are cash bail, property bond or a surety bail bond. A To Z Bail Bonds is a "Surety Bail Bond Agency". To learn more about the bail process continue on this page. To go directly to what A To Z Bail Bonds requires to post bail, click here. How Much Does It Cost? PREMIUM The rate charged by a bail agency is called a "Premium." The premium charged by A To Z Bail Bonds is 10% of the full amount of the bail bond, plus a $10.00 service fee. For example; if the bail required to have a inmate released from jail is $1,000.00, then the premium is $110.00: ($1,000.00 x 10%= $100.00 +$10.00). The premium charged for an Immigration Bond is 12%. Premium payment may be paid by, but not limited to: credit card(s), Western Union, wire transfer, cash and checks. We also offer EasyBail premium financing, on approved credit. In some cases A To Z Bail Bonds requires security for the bail bond in addition to the premium. The security used to guarantee a bail bond is called "collateral." COLLATERAL Since A To Z Bail Bonds is posting the full amount of the bail, we may require some form of security to guarantee that we will not have a financial loss in the event the person released from custody on bail, fails to appear in court. This security, called the "collateral," can be almost anything of value that can easily be secured. Often a simple signature by a qualified indemnitor is sufficient to secure a bail transaction. In other circumstances we may require some type of collateral that is equal to the bail amount. The type and amount of collateral required, is determined on a case by case basis. For example, we have accepted: real property, unimproved land, agricultural land, vehicle titles (pink slips), jewelry, cash, letters of credit, credit cards, personal items, business equipment, etc. The best way to qualify collateral for a bail bond is to email us with the bail amount and the collateral you wish to deposit or call us at 1-800-619-BAIL. How Much Collateral Is Needed? Since A To Z Bail Bonds is posting the full amount of the bail, we may require some form of security to guarantee that we will not have a financial loss in the event the person released from custody on bail, fails to appear in court. This security, called the "collateral," can be almost anything of value that can easily be secured. Often a simple signature by a qualified indemnitor is sufficient to secure a bail transaction. In other circumstances we may require some type of collateral that is equal to the bail amount. The type and amount of collateral required, is determined on a case by case basis. For example, we have accepted: real property, unimproved land, agricultural land, vehicle titles (pink slips), jewelry, cash, letters of credit, credit cards, personal items, business equipment, etc. The best way to qualify collateral for a bail bond is to email us with the bail amount and the collateral you wish to deposit or call us at 1-800-619-BAIL. How Does A Bail Bonds Service Work? When a person is arrested and the judge sets bail for their release pending the case outcome, bail is often posted using a bail bond. These bonds are issued by a professional, insured and bonded company that charges a small fee (usually 10% of the total bail) in order to come up with the thousands or tens of thousands of dollars often required for bail. The bonds normally used in criminal cases are surety bonds. A surety bond is actually a contract that includes three or more parties. The principal is the accused person in a criminal bail bond. The principal contracts with the surety, which is the bail bond company and the obligee – an insurance company that can come up with the bail amount in the event that the accused does not appear in court. The principal (the accused party) pays a fee in exchange for the ability and implementation of fulfilling the financial obligation to the court. The surety is contracted to perform the task of posting the required bail in a timely manner. If the accused person flees, then the surety becomes a fugitive recovery agent, or bounty hunter. In this case, the law and usually the contract between the bail bond agent and the defendant permits the bond agent to use a bounty hunter to find the accused. The bounty hunter will then bring the defendant to the court of jurisdiction so that the bond agent may recover the amount paid from the posted bond. Most established bail Bond agents have a relationship and security agreement with their local courts. The bail bond agent and court officials have an agreement that the bond agent will post a non-refundable bond to the court in the event that the contracted principal – the accused – fails to appear in court. Because this arrangement represents a risk for the bail bond company, such companies usually have standing arrangements with a bank, insurance company or other credit-bearing organizations that the bond company can obtain the necessary funds immediately, even after business hours. The arrangement also allows for quick posting of bail without requiring large amounts of cash or collateral from their client. However, bail bond agents can also obtain security against the assets of the defendant, or the people agreeing to help he defendant. This securing of collateral is generally done when bail is large. These securities are typically large assets that people own, such as a house, boat, property or a car. An example might be for bail that was set for $100,000. If the defendant or supporting family is a home owner they would pay the bail bond agent $10,000 and the agent would use their mortgage against the house to use for the full bail. In addition, if the full bond is forfeited to the court due to failure to appear, the bond agent may sue the defendant for the money they put up. In this way, the bail bond agent should recover any lost funds. Because the 10% cash fee for bail bonds service is widespread, and in California is mandated, some courts have changes the practice of requiring the entire bail to be posted. Instead, they accept the 10% of the bail in cash in lieu of a 100% bond. In these cases, a bail bond agent is not required. Surety bonds have been in practice almost as long as people have been living in civilized cities. The earliest form of surety bonds are known as Individual Surety Bonds. The first known written description of surety bonds was around about 2750 BC, written in a tablet. Hammurabi, the great Mesopotamian leader, included suretyship in his code of laws, which was publicly displayed on large columns around 1790 BC in Babylon. Other groups used Individual Surety Bonds throughout ancient history are Assyria, Rome, Persia, Carthage, and the Hebrews. A bail bond company often uses Surety Bond Insurance to guarantee the money for the bail. Although it is called insurance, many of these companies are not necessarily insurance companies. They can be associated with an insurance company, or can be a bank. A surety insurer is simply a line of credit that is made available to the bail bond agent. In the U.S., surety bonds are a large industry, and are utilized in many areas including construction, fidelity, auto dealers, auto fleets, performance insurance in film production, general and professional liability. There are three main categories of Surety bonds: commercial, contractor and court bonds. The industry of surety bonds is roughly $3.5 billion/year, and it is a major industry in the U.S. The first U.S. company to provide surety bond service was United States Fidelity and Casualty Company of New York, in 1880. What Are The Types Of U.S. Bail Bonds? There are several types of bail bonds in the U.S., and they are used for specific purposes. All bail bonds are used for allowing an arrested person to leave the jail or detention facility until such time of their court appearances. If bail is not posted, the accused person must stay in jail until their case is completed. Cash bonds – When the defendant or their party posts the entire bail with their own cash, it is called a cash bond. The bond is insurance that the accused will appear in court when required. The cash will be returned after the case is closed, as long as the accused does not flee and appears for all court hearings. Surety Bail bonds – These bonds also act as insurance that the accused will appear in court, but are often used when the accused is unable to pay the entire amount of the bail. The accused or someone helping them, contracts with a licensed bail bond agent and agrees to pay a portion (10% in California) of the total bail. There may be stipulations for the release such as attending a drug treatment or anger management program. Usually the arrested person is not allowed to leave the state during the time that their case is active. Larger surety bonds sometimes require that collateral be put up as well as the fee. Immigration bonds – These are a type of surety bond that are used in cases with foreign nationals. These can be anyone who is not a citizen, including people with temporary visas, permanent residents and aliens who have entered the U.S. without authorization. Immigration bonds are used solely for cases of immigration matters, not for criminal matters. They are generally higher and more expensive to obtain because they are considered greater risk than dealing with people who are U.S. citizens. Usually collateral is required such as the deed to a home, or a car. The fees range between 15% to 20% of the bail total to contract with the bail bond agent. Property bail bonds – These are bail bonds in which the courts allow the accused to use property instead of cash to post bail. It is generally more a complicated procedure than a cash-based surety bond and the accused person is usually required to have twice the value of the bail in property they post. Only some jurisdictions allow property bonds to be used, and only in some cases. Federal bail bonds – this is a bail bond that is used exclusively in cases where the arrested person is accused of a Federal crime. Like Immigration binds, the cost is generally higher than that of normal criminal county or state bonds, because the risk that the person will flee or present danger to others or national security is higher. Fee premiums are 15% of the bail amount, and a significant amount of collateral is also required. The case is heard in a U.S. district court house. These bonds are also called “Corporate Surety Bonds”. When bail is applied for in a federal case, a special sufficiency hearing is required. This bail hearing is called a “Nebia Hearing”. At the hearing the accused and their co-signer will have to produce proof that they have enough collateral to satisfy the total amount of the bail bond. Any documentation and written evidence will help to show this. If the defendant is unable to prove to the judge that they can produce enough collateral, the bond will not be administered.
|