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What is a Bail Bond?
A bail bond is a contract between the Court, the bail bondsman, and the indemnitor. (The person signing the contract for the release of the defendant; also called the signer or guarantor.)
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A bail bond is a contract between the Court, the bail bondsman, and the indemnitor securing the release of the accused person called the defendant.
The indemnitor is the person signing the contract for the release of the defendant; he is also called the signer or guarantor. The bail bondsman guarantees to the court that the accused, when released on bail, will be present for each and every court appearance required by the court.
The indemnitor or guarantor guarantees to the bondsman that the defendant will go to court for every court appearance. If the defendant does not appear, Plotkin Bail Bonds will help the indemnitor locate and return the defendant to court.
The cost for a Bail Bond is usually 10% of the amount ordered by the court to post bail. You can pay by cash, check, or credit cards. If you do not have all the money, we offer low monthly payments. At Bail-Bonds.com we work with customers to write large bonds for little or *no money down. The cost of the bond is still 10% of the bail, but on approved credit, customers can be approved to put no money down and make small monthly payments. Be sure to call and ask about our rebate program.
No, the bail bond fee is fully earned immediately upon the filing of the bail bond and the release of the defendant. The fact that the defendant may have been improperly taken into custody or the bail reduced, or case dismissed, shall not cause the return of the premium.
You can use real or personal property to secure the bail bond. You can sign on your house or rental property to secure the bail bond, the same way you would secure money borrowed from the bank. The main difference is that our paperwork is immediate, with no waiting and no documentation needed.
You do not need to provide your deed of ownership. We have state-of-the-art data services that provide instant proof of ownership. We also can use any personal property items such as bonds, credit cards, boats, airplanes, helicopters, motorcycles, expensive cars and other high-priced items.
One time we even took a winning lottery ticket for collateral! This story was written on the front page of the local newspaper.
The collateral is returned once the bail agent receives a Bail Bond Exoneration or a Bail Bond discharge from the court. A "Bond Discharge" or "Bail Exoneration" is the document that officially releases the bail bondsman from further responsibility on the bond.
Getting released from jail depends on where the person is being held. Some jurisdictions like city jails, take an hour or so to release someone from jail. Other jurisdictions, like the county jails, run by the local sheriff, can average 2-8 hours for release. But it can take as long as 12-24 hours to be released from jail. Federal facilities generally take 2-3 hours for release.
The defendant, or any other person, may deposit the total sum mentioned in the bail order usually determined by the bail schedule. It is the practice of each jail to adopt a written policy permitting acceptance of cash, checks, cashier’s checks and money orders, upon conditions that tend to assure their validity.
Most jails have a maximum amount over which a personal check will not be accepted.
The judge or a magistrate may stay the release of a defendant if a peace officer or prosecutor files a sworn declaration demonstrating probable cause to believe the source of the consideration was feloniously obtained.
The release may also be stopped if the judge or magistrate has probable cause to believe the source was feloniously obtained. If probable cause exists, the defendant then bears the burden to prove that no part of the source was illegally obtained.
A defendant who prevails must be released on issuance of a bail bond as specified.
Plotkin Bail Bonds is an expert in 1275 PC motions and has a 98% success rate of having the 1275 PC hold lifted.
Although the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right. However, with certain exceptions a defendant charged with a criminal offense shall be released on bail.
Persons charged with capital crimes when the facts are evident, or the presumption of guilt great, are excepted from the right to be released on bail. However, a defendant charged with a capital crime, is entitled to a bail hearing in the trial court, to determine whether the facts are evident or the presumption great.
A crime is a capital offense if the statute makes it potentially punishable by death or life imprisonment, even if the prosecutor/ government have agreed not to seek the death penalty. It is presumed that the risk of flight of the defendant is great when he or she is facing death or life in prison without the possibility of parole.
Bail can be denied in some cases that do not involve a capital offense (murder, espionage, etc.) if the court finds it likely the defendant will do harm to his/her accusers. Based on sufficient facts or strong presumption, bail may be denied in the following instances:
The requirement of findings based on clear and convincing evidence implies that a hearing will be held on the issue. The likelihood a defendant would cause public harm would be determined on review of the circumstances of the case, and the history of the defendant. The decision to grant or deny bail is subject to review on petition by the defendant.
The amount of the bail is primarily within the discretion of the judge or magistrate, with only two general limitations:
A judge or magistrate setting bail, other than the amount called for in the bail schedule, must state on the record the reasons and address the issue of threats made against a victim or a witness. The court must also consider evidence offered by the detained person regarding ties to the community and ability to post bond.
Bail Bonds are good for 1 year. The bail bond is renewable at the end of the year if the bail bond is not exonerated. When the bond is exonerated the bail agency will release the indemnitors liability. Exoneration normally occurs when the proceedings are terminated in some way or on the return of the defendant to custody. If convicted, the defendant appears for sentencing. If sentenced to imprisonment the defendant is committed to the custody of the sheriff, and the liability of the bail bond terminates.
Bail Bonds are good for one year. The bail bond is renewable at the end of the year if the bail bond is not exonerated. When the bond is exonerated the bail agency will release the indemnitor's liability.
Exoneration normally occurs when the proceedings are terminated in some way or on the return of the defendant to custody. If convicted, the defendant appears for sentencing. If sentenced to imprisonment, the defendant is committed to the custody of the sheriff, and the liability of the bail bond terminates.
A defendant who is convicted and given probation is released from custody, and the bail must be exonerated.