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What services do Bail Bondsmen offer? back to top
A bail bondsman is any person or corporation that will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court.
What is Bail? back to top
The word bail as a legal term means:
- Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial. As a verb, bail in this instance means to secure the release of an arrested person by providing bail.
- Release from imprisonment on payment of such money. As a verb, bail in this instance means to release a person under such guarantee.
- The person providing such payment.
The Eighth Amendment to the U.S. Constitution requires that bail not be excessive. This means that bail should not be used to raise money for the government or to punish a person for being suspected of committing a crime. The purpose of bail is to give an arrested person his/her freedom until he/she is convicted of a crime, and the amount of bail must be no more than is reasonably necessary to keep her from fleeing before a case is over. Bail is set to assure the attendance of the defendant, when his or her appearance is required in court, whether before or after conviction.
There are two ways to pay your bail. You may either pay the full amount of the bail or buy a bail bond. A bail bond is like a check held in reserve: It represents your promise that you will appear in court when you are supposed to. You pay a bond seller (ie. bail bondsman, Brent Meyerson) to post a bond (a certain sum of money) with the court, and the court keeps the bond in case you don’t show up.
What are the forms of bail? back to top
The form of bail varies from jurisdiction, but the common forms of bail include:
- Recognizance
- Surety
- Citation Release
- Property bond
- Orders of Protection
- Cash
- Combinations
What are my rights to bail? back to top
Under current law, a defendant has the right to bail unless there is sufficient reason not to grant it. The main reasons for refusing bail according to the Bail Act 1976 are that there are substantial grounds for believing that the defendant (1) will flee; (2) will commit further offences while on bail; or (3) will interfere with witnesses. Conditions may be applied to the grant of bail, such as living at a particular address or, rarely, paying an amount into court or having someone act as surety. Release on bail is sometimes referred to as "police bail," where the release was by the police rather than by a court. The alternative to being granted bail is being remanded into custody (also called being "held on remand").
Do bail laws vary from state to state? back to top
Bail laws vary somewhat from state to state, as is typical of U.S. jurisprudence. Generally, a person charged with a non-capital crime is presumptively entitled to be granted bail. Recently, some states have enacted statutes modeled on federal law which permit pretrial detention of persons charged with serious violent offenses, if it can be demonstrated that the defendant is a flight risk or a danger to the community.
What is a Bail Bond? back to top
A bail bond is a type of surety bond used to secure the release from custody of a person charged with a criminal offense. Under such a contract, the principal is the accused, the obligee is the government, and the surety is the bail bondsman.
Most people are familiar with bail bonds. Someone arrested on a criminal charge may be held until trial, unless they furnish the required bail. The posting of a bail bond acquired by or on behalf of the incarcerated person is one means of meeting the required bail. When a bond is issued, the bonding company guarantees that the defendant will appear in court at a given time and place. The Government entity (state or federal) in whose court the defendant must appear, is protected by the bond. If the defendant fails to appear, the bond amount becomes payable and is forfeited as a penalty by the surety insurer issuing the bond. Bail bonds usually require collateral (cash, a deed, or other property) to protect the surety.
Bail bonds are issued by licensed "Bail Agents" (ie. bail bondsman, Brent Meyerson) who specialize in their underwriting and issuance. Bail agents act as the appointed representatives of licensed surety insurance companies.
How do I get a bond? back to top
There are four ways in which a person may be released from custody:
- You can use bondsmen. This means that you will pay a fee and need to use some form of collateral;
- You can post cash for the full amount of the bond with the court or jail;
- You can use real property (such as a home) with the court;
- Lastly, the judge can decide to let the defendant go on there own recognizance.
How long is the bail process? back to top
The paperwork takes approximately 20-45 minutes, depending on the complexity of the transaction. The release time can be one hour or less for local police stations and 6-12 hours in a county jail. Please remember that these times are not guaranteed but general time frames.
What is Collateral? back to top
Collateral is some property placed within the bondsman's legal control, which may be sold in the event the defendant does not show for the next court proceeding. The bondsman can then sell the property to cover the amount paid to post the bail. Essentially, collateral is a way of insuring the defendant will go back to court and complete his/her obligation to the court.
What do bondsmen accept as collateral? back to top
Each bonding office will have there own standards but, for the most part they will take:
- Real estate
- Cars
- Credit cards
- Stocks
- Bonds
- Jewelry
- Personal credit
- Bank accounts
- Art work
Can I finance the bail bond fee? back to top
Yes. We do offer payment plans for those who qualify.
At Brent Meyerson Bail Bonds, we accept the following forms of payment:
- Cash
- Visa
- Master Card
- American Express
- Discover
- Personal Check
Are some bondsmen less expensive
than others? back to top
Bondsmen are licensed by the state in which they practice. State guidelines provide a set rate. Some bondsmen are licensed to write at 8%, meaning that the cost to you the customer will be less but there are certain provisions for this rate.
If you'd like a more detailed explanation on the services and fees of bail bondsman Brent Meyerson, contact him at brent@bmbailbonds.com.
Can the bail bondsman discount the
fees on the premium? back to top
The surety files a rate with the department of insurance, which must be changed. Bail is 10% of the bond amount plus an incidental insurance fee of $10-15. Discount fees can lead to the suspension or revocation of any agent's bail license by the department of insurance. There are companies that legally charge 8% and 15 % under certain circumstances. Always ask to see a rate chart if you feel that you are being wrongly charged.
If you'd like a more detailed explanation on the services and fees of bail bondsman Brent Meyerson, contact him at brent@bmbailbonds.com.
What information should I have before
I contact the bail agent? back to top
- Where is the person in custody? Make sure that you ask the person in custody where they are located (city, state and name of jail).
- What is the full name and booking number of the person in jail? The bail agent will need this information in order to contact the jail. The bail agent can get the booking number for you if you don't have that information.
- How much is the bail? The bail agent will get this information when they contact the jail if you do not have it. With the bail amount the agent can tell you the amount it will cost to post a bond and get the person out of jail.
What is a bail bond Co-Signer? back to top
The act of co-signing involves a promise to pay another person's debt arising out of contract if that person fails to do so. Many realtors and landlords require a cosigner for college students, people with bad credit or people whose income is less than a certain, low multiple of the amount of rent. Other loans typically involving a cosigner are motor vehicle purchase money loans and mortgages. The statute of frauds existing in most states of the United States requires that any such agreement be in writing and signed by the co-signer in order to be enforceable in a court of law. A cosigner is also known as a surety. The legal act or instrument of cosigning is also called a guaranty.
When is the co-signer no longer
liable for the bond? back to top
The co-signer is no longer liable for the defendant's bond when he/she completes all of their court appearances and all premiums have been paid. It is best to contact the agent when the bond is exonerated by the court. This allows the fast return of any collateral pledged and also confirms that the bond is exonerated. In the event of forfeiture, the indemnitor is liable until the full amount of the bail has been paid, plus any expenses incurred or until the court exonerates the bond, which then becomes void.
Do I get my money back after
the case is over? back to top
There are a few exceptions to this but you do not get your premium back that you paid to the bonding office. This fee is what allowed the defendant to get out of jail and is fully earned once the defendant is out of custody. For example, if the defendant gets rearrested a week later, you get neither portion nor a refund of any money. If the bondsman fails to live up to his end of the contract, then and only then may you be entitled to a refund of some kind.
Can I leave the state or country
while I am out on bond? back to top
You will have to get permission from the bonding office in writing before attempting to do so. If the court has given you direct instructions not to leave the state or country you must then get permission from the bondsmen and the court before leaving. Otherwise you are subject to arrest!
What happens if the defendant misses
his/her court date? back to top
When the defendant misses a court appearance, a bench warrant is issued for the person's arrest. The defendant's name is then entered into a nation wide data base (NCIC) as a fugitive. The defendant's Bail Agency is obligated by law to arrest individual as well. This will cause the indemnator to incur further costs.
What happens if the case goes
more than a year? back to top
There is from time to time where a criminal case may take more then a year, and in this case a second premium will be owed to keep the defendant on bond. It may be wise to contact the attorney and try to get a bail reduction in the 10 or 11 months of the case in order to save a costly renewal premium.
What happens if the defendant gets
rearrested while out on bond? back to top
There are remedies that can be done here as well. Contact the bondsman as soon as possible so that they can discuss your options in full detail with you.
What happens if I think the defendant
is not going to show up for court after
I have already posted the bond? back to top
There are remedies that can be done here as well. Contact the bondsman as soon as possible so that they can discuss your options in full detail with you.
Do you have other bail related questions
you'd like answered? back to top
Contact Brent Meyerson at brent@bmbailbonds.com.
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