How To Find A Bail Amount

/in /by

Tracking down a bail amount for yourself, a friend or a family member can be difficult if you are not sure where to look. This guide will show you several possible ways to find it. Keep in mind that different counties and states have different procedures for communicating bail amounts.

When Is Bail Set?

As a rule, bail is set when a person is arrested. That bail amount stands at least until the arraignment, which is the first hearing in the case. This provides an opportunity to bail the person out of jail. In large cities, a person may have to wait several days before seeing a judge for an arraignment. However, the arrested individual still has ways to find the bail amount. For example, people who are arrested in Los Angeles are given a piece of paper with their charges, bail amount and arrest number after being arrested and booked. This allows the inmate to call a friend or family member and communicate their reference number and bail amount if they do not want to spend a few days in jail waiting to see a judge.

Ways To Find A Bail Amount

You can take the first step in two different ways. If you prefer to make phone calls, contact the jailer at the jail facility where an inmate is located. You can call several local jails if you are unsure about the facility location of the inmate. You will need to obtain the person’s inmate number or case number. Also, you can try to look up the information online. Search for the local sheriff’s department or county jail site. If they have an online tool for looking up an inmate based on last name and birthdate, you can usually find the case number this way. The bail amount may also be listed with the information. If this is the case, you can skip calling the courthouse.

Next, contact the courthouse. Again, you may be able to access the court information online instead of calling. This is helpful if you need the information when the courthouse is closed. If you prefer to call or if the courthouse does not post much information online, contact the clerk’s office. The clerk will ask for several bits of information such as the inmate’s name, birthdate, case number and several other details. If the clerk does not provide the bail information, he or she will refer you to the right department.

If your goal is to bail someone out of jail immediately, you can skip the previous steps. By contacting a bail agent instead, it is easier to find the information. The bail agent usually obtains this after asking for a few personal details about the inmate. If the individual needs an attorney or there is a family attorney on retainer, try contacting the attorney. Lawyers often set up bail arrangements and can find the bail amount quickly.

When To Wait

If the bail amount is too high for an affordable bond and the person has not been arraigned yet, you can wait until after the arraignment to post bail. The judge may reduce the bail amount during the arraignment if a bail reduction is requested. Also, an inmate can ask for a bail hearing after an arraignment to request a bail reduction.

What is a Bail Bond Forfeiture?

/in /by

A defendant’s bail is determined according to preexisting bail schedules or by the magistrate before arraignment. The defendant or his agent contacts a bail agent and the bail bond firm makes necessary arrangements to post required bail. At that point, the defendant is temporarily released from jail. To compensate for risk that the defendant may not appear at the agreed upon dates and times in court, the bail firm charges a premium of approximately ten percent.

Bail Bond Forfeiture Hearing

When the defendant misses a court date, the presiding judge typically orders a bail bond forfeiture hearing. At the hearing, the judge hears whether the defendant has reasonable cause for not appearing in court.

If the judge decides the defendant does not have just cause, then he or she usually issues an arrest warrant. The order is likely to include instructions about the defendant’s return by a certain date. When the defendant is not brought back to the jurisdiction by that time, or the defendant remains at large, the court proceeds with bail bond forfeiture.

Additional Charges Against the Defendant

Arranging bail is usually considered a straightforward matter. When the defendant goes missing, the bail bond forfeiture may serve to complicate procedures. The defendant may be accused of additional civil and/or criminal charges as a result.

Bail Bond Surety Issues

Like other insurers regulated in those states, the bail bond firm may place the surety firm underwriter in regulatory jeopardy. If a significant bail bond forfeiture occurs, the surety firm may forbid the bail bond agent to operate as its agent. This may place the livelihood of the bail bondsman in jeopardy.

Loss of Collateral

If an alleged criminal put up collateral to secure a bail bond, then the bond company may be able to sell the property to raise cash. The bail bondsman must pay the court in cash after a bail bond forfeiture is ordered. If the defendant’s co-signors provided collateral to secure the bail bond, they are likely to forfeit them. In some cases, bail bond forfeiture can mean the loss of major assets like a house or car. The bail bondsman may also recover costs related to locating the whereabouts of the defendant by liquidating collateral.

Bail Bond Forfeiture Judgments

Bail bond forfeiture procedure varies according to the jurisdiction. Many courts allow sufficient time for the bail agent to apprehend and bring the accused to trial before the judgment is paid. In some cases, the court may put bail bond forfeiture judgments aside if the defendant’s failure to appear in court occurred for a good reason.

Bond Capital at Risk

More than two million defendants are temporarily granted freedom from jail each year because Eighth Amendment rights. Bail bond arranged by bond firms is placed at risk in order to make pretrial release possible for accused people.

What You Need To Understand About Bail Bond Forfeiture

/in , /by

Bail bonds are agreements that allow a defendant to wait outside of jail for upcoming court hearings on the condition a certain amount of money is paid to officials. That money is returned later if all court dates are made by the defendant. If something goes wrong, then a forfeiture might occur. You should understand the details of bail bond forfeiture.

What Forfeiture Is

Bail bond forfeiture occurs when a person who was released on bail does not show up for a scheduled court appearance. The court will inform the defendant and people who paid the bail about the impending forfeiture. A period of a few days to a month will pass depending on the jurisdiction. If the defendant does not report to the court in this time, then the forfeiture will go through. This means any money put up for the bond will be taken by the court and not usually returned. If a bail bond agency acted as surety and charged just a percentage, then the full amount will be due to the agency upon forfeiture. This can sometimes lead to seizing the assets of the client or lawsuits.

Preventing Forfeiture

Preventing forfeiture relies on ensuring that the defendant goes to every scheduled court date until the trial is over and the money is returned. If you are the defendant, then simply showing up on time for all court appearances will prevent any forfeiture. If you are not the defendant, then there are a few options:

  • Constant Supervision or Monitoring

    • The first option is to provide constant supervision of the defendant. This usually means keeping the person in or near the home as much as possible if there is any risk of flight. Alternately, you can sometimes request electronic monitoring from local police although there is a daily charge for that service. If you paid for the bond and think the defendant will flee, then you can contact law enforcement and have the person placed back in jail.

  • Provide a Valid Excuse for Non-Appearance

    • If the defendant does not show up and forfeiture notices are issued, then you have a chance to present an excuse to the judge for the non-appearance. Only a few excuses will make much of a difference. The defendant needs to be incapacitated in some way, confined for a valid reason or seriously ill with proof. The location of the defendant needs to be known to stop forfeiture.

  • Find the Defendant

    • If the defendant actually skipped bail, then preventing forfeiture will involve finding that person. Some states allow for skip tracers or bounty hunters to do this while others do not. You could have a few days or weeks to find the defendant before the forfeiture is finalized. Returning the defendant to court or law enforcement will solve the problem.

What to Do After a Forfeiture

Not much that can be done after a forfeiture is finalized by the courts. If you are working through a bail bond agency, you might be able to request a payment plan. Some courts will also institute a payment plan if you did not have to pay the full amount upfront. A legal option is to get a lawyer and file for a remission of forfeiture. You do this in the same court where the forfeiture was ordered. Remission of forfeiture allows you to present your case for why the money from the bond should be return in full or in part. You can potentially get all your money back. The only other thing to do is continue looking for the defendant in the hopes the court will vacate the forfeiture if the individual is returned quickly.

Common Bail Bond Mistakes

/in /by

Bail Bonds Explained

For adult criminal cases, bail is an amount of money that criminal defendants must deposit as a guarantee that they will return to court. Bail isn’t a punishment. It’s simply a way to guarantee that a person accused of a crime will come back to stand trial. It’s up to the judge to decide the amount of the bail bond. The law requires that the amount be set according to what the defendant can afford. However, it can also depend on the type of crimes committed, whether the person is a repeat offender, as well as if there’s a risk they will not return to court. Typically, the accused is arrested and jailed. At an arraignment, the judge decides the bail amount. In order to get out of jail once bail has been set, either the defendant or a friend must post bail.

Failing to Give a Proper Address

Some common bail bond errors are clerical in nature. For example, the wrong address may be given. This is important because, in most states, a bonding agency has every right to get a defendant sent back to jail, without refunding any fees, if they discover a wrong address was provided. Some key tips to remember are: make sure to use a street name or avenue appropriately, for example, 52nd Street is different from 52nd Avenue. It is also important to have the correct spelling of a street name as well as providing the correct number of the residence. Include any apartment number or floor level. Also include the city, state and zip code.

Getting Arrested For the Same Crime

If the accused gets arrested again for the same crime, the bond agency is legally permitted, by most states, to come off of the bond all together. The bond agency would be able to keep any monies they received for the first arrest. This can be avoided by having a contact or an attorney notify the bond company. By doing so, the bond company won’t be able to come off the bond since they were notified of the second arrest. The defendant will be behind bars, so having someone notify the bond company on their behalf is important.

Failing to Notify the Bail Company after an Arrest for a Different Crime

If the accused is arrested for a different crime and the bond agency isn’t notified, but discovers this new arrest by way of a “failure to appear” bench warrant issued when the defendant wasn’t able to appear for the original court hearing, then the bond agency has a legal right to turn the file over to a bail recovery agency. This means the defendant has to pay more fees and expenses. One way to avoid this is by having either an attorney or a contact notify the bond agency as soon as an arrest has been made. Hundreds of dollars could be at stake if updates are not given to bond agencies.

Failing to Notify the Bail Company about Out-Of-State Travel

By law, a bail company is allowed to revoke a bond without refunding any fees paid to them in the first place, if they haven’t been notified of a defendant’s out-of-state travel. As soon as a defendant needs to travel, notifying the bail agency should be a main priority. This can be done either directly or through a contact person or attorney.

Being convicted of a crime brings on stress and many decisions must be considered for the best possible outcome. Thinking through and being aware of all requirements can be the best way to get the desired result.

History of Bail Bonds

/in /by

Bail bonds are an accepted part of the criminal justice system in modern times. However, many people are not aware of how old the concept of bails bonds is. People in the Western world began posting bail, that is giving money or property in exchange for being released from jail, in the thirteeth century.

However, the practice of posting bail bonds is seen in records dating back four millennia in what is now Iraq. Wealthy land owners would use their sheep as collateral for a community member to secure their release. The accused then had to maintain contact with their “bondsman,” often working for him until the trial was concluded. Most cultures that have criminal justice systems have had some sort of bail bond system in their history.

The bail bond system began because of one core problem with bail: it naturally gave an unfair advantage to the wealthy, who had large amounts of liquid assets. Middle and lower class people were usually not able to post bail and thus were unable to be released from jail while awaiting a trial. Being incarcerated during the pre-trial period has been found to lead to more convictions and heavier sentences, because the accused is not able to participate in building a defense. This made the justice system inherently unfair to people who were not rich.

This led to the formation of money-lending businesses specifically for the accused, a practice that was brought to the United States from Britain during the country’s Colonial era. However, the first modern American bail bonds company, in which a percentage is given by the accused and the rest by the bail bondsmen, was formed in 1898 in San Francisco. Tom and Peter P. McDonough ran a business similar to modern bail bonds companies, lending the majority of bail in exchange for guaranteeing that the person released would appear in court. The McDonough brothers were bar owners who began posting bail bonds as a favor to favorite patrons in exchange for a percentage of the amount posted. While there have been some changes in the century since this business model was instituted, the system and basic principles remain the same except for legal variations from state to state.

In the United States today, bail bonds companies lend $14 billion annually. There are over 13 million arrests in the US every year, and 49% of these people have bail set in exchange for release. Most Americans cannot afford the high amounts set in bail, and people who stay in custody until their trial are more likely to be convicted due to be unable to build a case. These factors make bail bonds an important part of the American justice system.

The top three accused crimes needing bail are assault and battery, larceny theft, and public intoxication. Bail bonds are most often used for felonies that have jail sentences if convicted and thus fulfill a need for the accused to get legal representation and build a case. Bail bonds companies play an important role in ensuring that people of all means can get a fair chance in court.

Bail Rewrite vs Bail Reassumption

/in /by

Something many people ask a bail bond company is: What is the difference between a bail rewrite and a bail reassumption?

Bail Rewrites

A bail rewrite is when a bond is rewritten to replace previous bail for the same charges. It is needed when charges are not filed in a case and the court forgives the bond. It is up to the bond issuer whether or not to do a bail rewrite. These companies usually rewrite bail for a specific amount of time after the first bail is forgiven.

Getting a Rewrite

The process of posting a bail bond can differ from time to time due to a defendant’s situation. Oftentimes, defendants, co-signers, and defense attorneys misunderstand when a bail rewrite is needed.

A bail rewrite is needed for a criminal defendant if bail has already been posted and legal circumstances change so more bail is required. For example, a defendant was arrested then was bailed out for $15,000. At the first court appearance, the district attorney’s office ups the charges in the case to a felony and/or adds more criminal charges to the original complaint. The district attorney’s office asks the judge for a higher bail in the amount of $50,000, because of the new charges. The defendant must now make bail in the amount of $50,000. If the court requires bail at a higher amount, the bail bond issuer usually issues a credit for the original bond and the defendant pays only the difference.

The bond company does not have to post the larger bail. The first bond was written based on the charges at the time of arrest. Depending on the new charges and bail amount, more security may be needed to guarantee the new bail amount.

A bail rewrite cannot be given in the case of a forfeited bail. The defendant’s failure to appear in court or having their bail amount raised does not constitute a bail rewrite.

Bail Reassumption

When a defendant fails to appear in court or is late for court, the judge might issue a bench warrant. A reassumption is a letter to the court stating that the bail bonds company is willing to continue the bail. It is up to the judgment of the bail bond company as to whether or not to issue a resumption.

Out of every hundred people who get a bail bond, there will be a few people who will run late, forget their court date, lose their paperwork, or have some other excuse as to why they missed court.

When this happens, the judge can do two things. One, the judge issues a bench warrant to arrest the person, or two, the defendant forfeits their bond. In order to rectify the problem, the defendant will need the bond reinstated. This means the bail bond issuer will have to provide the court with written proof that the judge reinstated the bond with the agreement that the bail bond agency willingly reassumed responsibility for the defendant’s appearance. This letter, which is written proof, can be provided in such circumstances. When the defendant goes back to see the judge, the letter reverses the two options already mentioned. It will reinstate the bond and will make the judge recall the bench warrant.

Bail Bond Cosigner

/in /by

In today’s legal system, when an individual commits a crime, they are deemed innocent until proven guilty. In many cases, individuals accused of a crime have the option to be let out on bail until the date of their court hearing. While this seems like a simple procedure, there is one very common problem that most face, and that is being unable to individually pay the bond fee. To still give those accused of a crime the opportunity to stay out of jail until their court date, the legal system allows the accused to take out a bail bond. In many cases, the bail bond requires a cosigner. Below is all the necessary information about what it means to be a cosigner and what responsibilities are involved.

Bail Bonds Cosigner Overview

A bail bond is essentially an agreement between the bail bond company, the courts, and the “indeminator” commonly known as the “cosigner.” When a bail bond is taken out for the purpose of bailing someone out of jail, a cosigner is someone that is given financial responsibility for the bond should the accused not fulfill his or her obligation to show up in court. However, there are instances where notifying the bail bonds company of an issue on behalf of the accused can protect the cosigner from paying for the bond. It is recommended that you contact the bail bond company and the court immediately if there is a problem.

Responsibilities of a Cosigner

Individuals that decide to cosign the agreement have a number of responsibilities. Below are a list and explanation of each:

  • Financially Responsible for the Bond – if the accused does not attend court on their designated date, the cosigner is responsible for the bond.
  • Proof of Collateral – not everyone has access to monetary funds for the bail bond. In the case that monetary funds are not sufficient, the cosigner must also prove other means of collateral such as jewelry, a car, or house.
  • Release Conditions – another responsibility is ensuring that the accused is complying with their release conditions. This means being present during drug tests and analysis.
  • Cancellation of the Bond – the cosigner can cancel their obligation to the agreement and the bond. In this case, the accused returns to jail.

The above are the main obligations that one has when cosigning a bail bond agreement. However, depending on the bail bond company chosen, these conditions can vary slightly. For full clarification, contact your bail bonds company so you are aware of the terms of their specific contract.

Contact a Bail Bonds Company

To help a loved one get out of jail and to become a cosigner, contact a bail bonds company right away. A bail bonds company is able to help your loved one get the funds that they need to be jail free before their trial. As a cosigner, you are making one of the best decisions possible for a loved one. While it may be a slight sacrifice, it is an especially wise decision because it helps those that are not guilty regain the freedom that they should have before they are put on trial.

How Bail Bonds Work

/in /by

A bail bond is a written promise that the jailed defendant who is named in the document will return to court for the trial date. It may be issued by the defendant him- or herself, by family or friends, or by a bondsman. The bond allows the defendant to be released from jail and to remain free until the specified date.

How the Bond Works

When the bond is posted, the court clerk issues a document to the police, indicating that the bail has been posted. Upon receipt of the document, the police will grant bail to the defendant. For a defendant who is judged to be a bad risk to return to court, perhaps because of numerous arrests, bail may be denied. A good risk would be a defendant without a prior criminal record who has lived for some time in the community.

Bail Bondsman

Many defendants are unable to post bail for themselves, so they or a friend or relative may contact a bail bondsman to get the defendant out of jail. The bondsman’s bail bond guarantees payment of the specified amount in the event that the defendant does not return to court on the court-ordered date. The money named in the bond is actually the guarantee that the newly released person will show up in court.

Guarantees Cost Money

The last thing a bail bondsman wants is a defendant who does not show up in court on the specified date. To help defray such a possibility, the bondsman charges the defendant or a member of the family or friend a percentage of the total cash amount of the bond, usually about 10%, such as $1,000 for a $10,000 bond. However, what happens if the defendant does indeed not show? In most states, the bondsman has the right to track down the person and bring him or her to court. Five states – Illinois, Kentucky, Nebraska, Oregon, and Wisconsin – have laws against posting bail for profit, which makes the bail bondsman’s job illegal.

When a person has been arrested and faces time in jail, the advantage of the bail bondsman is obvious, and it is expressed in one word: time. Most people, no matter what the charge when arrested, have the same first and obvious desire, to get out of jail as quickly as possible. So, what the bondsman sells is time. It may be in the middle of the morning or the middle of the night, but time is the bondsman’s biggest asset. The good bondsman delivers the money quickly, and the defendant goes free – until the specified date.

In some instances and under some circumstances, a defendant may be required to post other collateral, such as the mortgage on a house, in addition to a bail bond. Once the bond has been issued, it is said to be “exonerated” upon the defendant’s conviction or acquittal. If the defendant “jumps bail,” meaning he or she does not show up at the specified court time, the bail bond is forfeited.