Offering bail bonds in Bessemer, AL for over 50 years!
How Bail Works
Posting of a bail bond. This process involves a contractual
undertaking guaranteed by a bail agent and the individual posting
bail. The bail agent guarantees to the court that the defendant will
appear in court each and every time the judge requires them to.
For this service, the defendant is charged a percentage of the bail
amount. Before being released the defendant or a relative or friend
of the defendant, typically contacts a bail agent to arrange for the
posting of bail. Prior to the posting of a bail bond, the defendant
or a co-signer must guarantee that they will pay the full amount of
bail if the defendant does not appear in court.
Typically, a family member or a close friend of the defendant will
post bail and cosign. Collateral is not always required for a person
to be bailed from jail. Often a person can be bailed from jail on
the signature of a friend or family member. Cosigners typically need
to be working and either own or rent a home in the same area for
some time.
After an agreement is reached, the bail agent posts a bond for the
amount of the bail, to guarantee the defendant’s return to court.
If the defendant "skips", the cosigner is immediately responsible
for the full amount of the bail. If the defendant is located and
arrested by the bail agent the cosigner is responsible for all
expenses the bail agent incurs while looking for the defendant.
The five basic release options available to an arrestee are, surety
bond, release on his or her own recognizance(O.R.), release on
citation ("Cite Out"),property bond and cash bail.
Cash Bond
To be
released on cash bail, an individual must post with the court the
total amount of the bail, in cash, to secure his or her return to
court on an appointed date, and thereafter until the case is
concluded. Full cash bonds provide a powerful incentive for
defendants to appear at trial. If the defendant shows up for his/her
scheduled court appearances, the cash is returned to him/her. If
s/he fails to appear, the cash bond is forfeited to the court.
Surety Bond
An
alternative to cash bail is the posting of a surety bond. This
process involves a contractual undertaking guaranteed by an admitted
insurance company having adequate assets to satisfy the face value
of the bond. The bail agent guarantees to the court that they will
pay the bond forfeiture if a defendant fails to appear for their
scheduled court appearances. The bail agent's guarantee is made
through a surety company and/or by the pledge of property owned by
the agent.
For this service, the defendant is charged a premium. To be released
pursuant to the posting of a surety bond, the arrestee, or a
relative or friend of the arrestee, typically contacts a bail agent,
an individual licensed by the State of California to post surety
bonds. Prior to the posting of a surety bond, the bail agent
undertakes a detailed interview of the proposed guarantor of the
surety bond, as well as of the arrestee and relatives of the
arrestee, as part of the underwriting procedure for bond.
By involving the family and friends, as well as through the
acceptance of collateral, the bail agent can be reasonably assured
that an individual released on surety bond will appear at his or her
appointed court date, as required until the case is adjudicated.
After this procedure is concluded, if an agreement is reached, the
bail agent posts a bond for the amount of the bail, to guarantee the
arrestee's return to court.
With his money on the line, a bail agent has a financial interest in
supervising bailees, and ensuring that they appear for trial. If a
defendant "skips," the bail agent has time and the financial
incentive to find him/her and bring him/her in. Significantly,
commercial bail bond agents profit only when the defendant shows up
for trial. Judges acknowledge that bail agents have highly efficient
methods to get defendants to court.
Own Recognizance (O.R.)
Another
method of release pending trial is through a county or law
enforcement administered pre-trial release program. Usually, the
staff members of these programs interview individuals in custody and
make recommendations to the court regarding release of these
individuals on their own recognizance (i.e., without any financial
security to insure the interviewee's return).
The interview process is often conducted over the telephone, with
little inquiry to the individual's background to determine whether
the detainee is likely to appear in court and with virtually no
verification of information provided by the detainee. Since no money
or bond is posted to secure the detainee's appearance in court, he
or she faces no personal economic hardship from his or her conscious
failure to appear.
Citation Release
This
procedure, known as the "Cite Out," involves the issuance of a
citation by the arresting officer to the arrestee, informing the
arrestee that he or she must appear at an appointed court date.
The Cite Out usually occurs immediately after an individual is
arrested. As a consequence of the failure to follow complete booking
procedures, the true identity and background of most individuals
released on citation is never established. This results in the
release of numerous arrestees who may have outstanding bench
warrants pending or who may present a significant danger to society.
Accordingly, in these cases involving Cite Outs, the arrestee may
never be placed in custody, and like the own recognizance release,
such an arrestee's appearance in court depends exclusively upon the
integrity of the alleged felon and his or her voluntarily returning
to court.
Property Bond
In rare
cases an individual may obtain release from custody by means of
posting a property bond with the court. Here the court records a
lien on property, to secure the bail amount. If the arrestee
subsequently fails to appear at the scheduled court date, the court
may institute foreclosure proceedings against the property to obtain
the forfeited bail amount.
Need Help? Call 1-800-980-2245
License#1783465
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help.
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Handling all of your bail bonds and bonding needs in one call.
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