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About Common Bail Bonds
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Surety Bond
This process is a contractual undertaking,
which involves a bail bondsperson, an indemnitor, and the
court. The courts tend to favor this form of release,
because it guarantees that if the defendant fails to appear
in court, someone (the bail agent) will make an immediate
effort to find the defendant, apprehend him or her, and
bring him or her back to the court of proper jurisdiction.
By involving family and friends of the defendant, a bail
bondsperson and the courts are reasonably assured of the
defendant's appearance.
Cash Bail
Cash bail means that the person who is trying to
obtain the release of the defendant must deliver the full
amount of bail in cash to the jail facility where the
defendant is being detained. |
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Property Bonds
Property bonds involve the placing of local
real estate (homes only, no raw land or out-of-state homes)
with the courts as security for the release of a defendant.
This process typically takes 1 to 2 weeks, because it
requires a judge's approval, a property appraisal, a
comparable sales comparison, and the clerk's acceptance.
However, most states do not accept property bonds.
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ROR
Release on One's Own Recognizance is another
method of release. It is given to defendants who have been
in the community for many years, have solid jobs, strong
family and community ties, and present little or no risk of
flight. This release program is usually administered by a
county agency or through a local law enforcement agency. A
criminal history background check is performed, and a
recommendation is given to the court based on those
findings. This form of release is common only for first-time
offenders and non-violent offenses. Since there is no
financial or other security placed with the court to insure
the defendant's return to court, there is little incentive
for them to appear.
ELMO and Pre-trial
Services
ELMO stands for Electronic Monitor, and it is usually
a condition of release in addition to a regular bail bond.
The ELMO program is administered either by the local
Pre-trial Services Agency or the local law enforcement
agency. This device is usually in the form of an ankle
bracelet. It sets off an alarm if a person strays too far
from its base located within the defendant's home.
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How Bail Works
Posting of a bail bond. This process involves a contractual
undertaking guaranteed by a bail agent and the individual posting
bail. The bail agent guarantees to the court that the defendant will
appear in court each and every time the judge requires them to.
For this service, the defendant is charged a percentage of the bail
amount. Before being released the defendant or a relative or friend
of the defendant, typically contacts a bail agent to arrange for the
posting of bail. Prior to the posting of a bail bond, the defendant
or a co-signer must guarantee that they will pay the full amount of
bail if the defendant does not appear in court.
Typically, a family member or a close friend of the defendant will
post bail and cosign. Collateral is not always required for a person
to be bailed from jail. Often a person can be bailed from jail on
the signature of a friend or family member. Cosigners typically need
to be working and either own or rent a home in the same area for
some time.
After an agreement is reached, the bail agent posts a bond for the
amount of the bail, to guarantee the defendant’s return to court.
If the defendant "skips", the cosigner is immediately responsible
for the full amount of the bail. If the defendant is located and
arrested by the bail agent the cosigner is responsible for all
expenses the bail agent incurs while looking for the defendant,
apprehending and transportation
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