The most popular questions asked when it comes to posting bail, dealing with bail bonds companies and we are here to answer all of them! Maybe you might never need to post bail, but at least you will be caught up to speed on all things about posting bail.
Q: So, What is a Bail Bond?
A bail bond acts as a three-party contract between the court, the defendant, and a surety ( person who takes responsibility for another’s performance of an undertaking, for example, their appearing in court or paying a debt.) This allows the defendant to be released from custody, during the time of their pending criminal charges. The complicated part of this equation is: what makes up a surety? A surety is a person who takes responsibility for another’s performance of an undertaking, for example, their appearing in court or paying a debt. However a surety isnt just a single person, it can be a joined party consisting of a bail agent (who represents a surety company) and the defendant’s co-signers.
How It Works
- The defendant, who has been arrested, will not seek to stay in jail, instead will reach out for help via a bail agent, friends, or family.
- The bail agent will then consult with the defendant’s family and close friends, explain the process, what is at stake, and what they need to do next.
- This is the assumption that their friends and family are willing to help the defendant, therefore they will execute an agreement with the bail agent that guarantees the payment for bail as well as holding him accountable to show up in court
- If the defendant fails to appear in court, the friends or family that have co-signed for the defendant help the bail agent find the defendant.
- The co-signers are then responsible for any costs of returning the defendant to the court, AND if the defendant could not be found, then they are responsible for the full amount of the bail.
Q: What Should I Know Before I Contact A Bail Agent?
There is certain information that a bail agent will need from you in order assist you further
- Firstly, you will need to know where is the person in custody? (Make sure that you ask the person in custody where they are located including the city, state, and the name of jail).
- The full name and booking number of the person in jail. The bail agent will need this information when they contact the jail. However, The bail agent CAN get the booking number for you can’t provide it.
- And the big question of ‘How much is the bail?’ The bail agent will get this information when they contact the jail if you did not get it already. With the bail amount, the bail bonds agent can tell you the amount it will cost to post a bond as well as the requirements to get the person out of jail.
Q: How Do I Get A Bail Bond?
There are four ways in which a person may be released from custody.
- You can use a bail-bonds agent such as Reidy bail bonds.
- You can pay cash for the full amount of the bond with the court or jail.
- You can use real property (such as a home or a lot) with the court as collateral
- And lastly, the judge can decide to let the defendant go on their own recognizance.
Q: Are bail bonds agents cops?
No, but they can arrest you. A bondsman or in our case bail bonds lady plays a very unique role in our legal system. Bail agents mostly use traditional law enforcement methods, but they’re actually allowed more latitude than police in certain situations.
For example, when law enforcement officers want to enter a house, to hunt for a suspect, they have to have a search warrant, where they get by showing probable cause for a judge to grant it. However, the bail agent does not have to follow these steps. The U.S. Supreme court ruled bounty hunters the eligibility to legally cross these types of boundaries when pursuing a defendant for whom they have paid the bail.
In conjunction with that, when a defendant agrees to let a bondsman pay their bail, they sign away their right to refuse the bondsman’s search, as well as their right to due process of law during the arrest. The bond company may also place other conditions as a part of posting bail, such as curfews, drug tests, etc. This all, clearly goes into the contract you sign with the bail agent.
Q: How Did The Bail Bond System Get Started?
The bail bond system arises out of common law. The posting money or property in exchange for temporary release pending a trial dates back to 13th century England. The modern commercial practice of bail bonds has continued to evolve in the United States while it has since ceased to exist in most modern nation-states.
Q: What Do Bondsmen Accept As Collateral?
Each bail bond company will have their own standards but for the most part you can expect them to accept various forms of bail collateral. Some common example of collateral include:
- Real estate
- Credit cards
- Personal credit
- Bank accounts
Q: Where to get bail bonds?
If you are in the Bay Area or in California, Reidy Bail Bonds isn’t hard to spot. You can contact us at www.reidybailbonds.com or Calwestbailbonds.com or give us a call 888 508 3201. When you ring we spring!