Frequently Asked Questions (FAQ)
In short, bail is a part of our legal system that allows an accused person to be temporarily released from custody so they can continue their lives while they prepare for their day in court. In criminal cases, it is a sum of money, real property or bail bond that needs to be posted by or on behalf of a defendant to guarantee their appearance in court. The right to reasonable bail is guaranteed to you by the Eighth Amendment of the Constitution of the United States.
HOW DOES A BAIL BOND WORK?
The court system will set the amount of bail required for the defendant’s release. Under state law, a company can provide a “bail bond” that guarantees payment of the full bail amount to the court if the defendant does not show up for all scheduled appearances. These bail bonds are offered by licensed bail service providers. For providing the pre-trial release service, bail service providers charge a premium – a percentage of the total bail amount, typically 10%. For example, for a bail amount set at $20,000, the premium would be about $ $2,000 plus any additional fees required. The bail service provider must charge the premium rate that it has filed with the Department of Insurance and the premium is not refundable once the defendant is released.
WHAT IS A FORFEITURE?
A forfeiture occurs when a defendant fails to appear in court. If a defendant misses a court date, a bench warrant is issued for their arrest. It is possible in many cases that the bail bond may be “reinstated” by the defendant working with Angels & Outlaws to report back to the court, which allows the court to set a new trial date for the defendant.
WHAT IS THE DIFFERENCE BETWEEN BAIL AND PREMIUM?
The bail bond amount is the full amount of the bail that is set by the court. The premium is the dollar amount charged by the bail service provider for providing the pre-trial release service. Usually this premium is 10% of the bail amount. For example, if the bail amount is $20,000, the premium charged would be $2,000.
IS THE PREMIUM REFUNDABLE?
The defendant and any co-signer(s) are responsible to the bail service provider for the premium and any fees or additional expenses incurred by the bail service provider on their behalf. These monies are earned at the time the defendant is released from custody and therefore not subject to return. This is the case even if the defendant is found innocent, the case is dismissed or the defendant is placed back into custody for another offense
HOW LONG DOES IT TAKE FOR MY LOVED TO BE RELEASED FROM JAIL?
Depending on jail release times, the bail process usually takes between 30 minutes to six hours. The bail agent has no control over the arrested individuals release once the bail bond is delivered to the jail. In some instances the arrested individual’s release may be delayed by a high number of other individuals who are also in the release process.