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How does a Bail Bond Work ?
A bail bond is an “Insurance
Policy” that guarantees a person’s appearance in court. This “Insurance Policy”
has nothing to do with the merits or facts of the case. The bail agency posts
this bond with the court and guarantees the appearance of the defendant in
court. If the defendant appears in court as ordered, then the bail bond is
never in jeopardy. However, if the defendant fails to appear, the bail agency
has 180 days to return the defendant to court. If the bail agency fails to do
so, then the bond is forfeited and the full amount of the bond must be paid to
the court ultimately by the co-signers of the bail bond. The cost of a bail
bond is, which is regulated by the State of California, is 10% of the bail amount.
Does the full amount of the
bond have to be paid ?
The only time one would have to
pay the full amount of the bail bond is if the defendant “failed to appear” in
court and was not returned to the court within 180 days. Although this bail
bond is an insurance policy guaranteeing the appearance of the defendant in
court, the insurance policy is guaranteed by the co-signers, thus they would be
held fully liable for the bail amount if the defendant was not returned to the
court.
Is the premium returned upon
the case being dismissed or completed ?
As it is stated in the FIRST
Clause in the Indemnity Agreement, the premium is the cost of the bail bond and
it is fully earned upon the release of the person from jail. Once the bail bond
is posted and accepted by the jail, there is no refund of the premium. And if
you are on a payment plan, the payments are still due no matter the outcome of
the case.
What should be done if someone
misses court while out on bail ?
If someone misses court for any
reason, you must first realize our agency was the very company that got them
released from jail. We have the ability to file a motion with the court and
have the bail bond reinstated back to the original terms. Therefore, it is our
objective to keep the person out of jail on bail throughout court proceedings.
Call our office immediately if there has been a failure to appear and we will
schedule a new court date.
How do I know when my bail
bond is completed and the co-signers and the defendant are no longer liable for
the bail bond ?
Upon the completion of the case,
the judge will “Exonerate” the bail bond in open court. At this point the bond
is no longer active and the indemnitor and defendant are no longer liable for
the bail bond; however, they are still liable for any outstanding premium and/or
expenses incurred.
What happens if I miss a
payment ?
Understand that we issue our customers
credit in an effort to work with the economic realities we all have. Therefore,
we attempt to set up payment plans that can be afforded. These payment plans
are very important to our existence; therefore, it is important that the
payments are made timely.
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