Thursday, July 31, 2008

About Bail Bonds

Bail is the amount of money required by the court to release a defendant from custody and to guarantee their appearance in court. Bail is set by the Judge based on the severity of the offence, past criminal history, and the geographical economic index. In some cases either cash or a Bail Bond (a financial guarantee) must be given to the court for security.

Also, bail for non-payment of fines may and most likely will be forfeited if the fines are not paid (The bail will not be released until fines are paid). When bail is $1,500.00 or higher most people use a Bail Bond Agency, instead of risking their cash for the full bail amount. Once a bail bond is posted the Premium or fee is earned, the Bail Bond Agency then becomes responsible for the defendants? appearance in court. In effect becoming the jailer in place of the county Sheriff or Corrections Warden.

If the defendant fails to appear each time required the court will forfeit the bail and demand payment from the Denver bail bond agency. The agency will locate and arrest the defendant and place him in custody of the court and demand payment from the Indemnitor(s) to recover their costs.

If you are the Indemnitor, or Co-Signer(s) willing to be responsible for the defendant while out on bail, and you pledge Surety by signing a Promissory Note (some cases required to use property as collateral to guarantee the bond), The Denver bondsman then guarantees the bail to the court and the defendant is released.

The Fee or Premium is set by the Surety (Insurance Company) and filed with the Department of Insurance most if not all are set at 10%. The 10% Premium can not by law be Discounted. If an agency or Bail Agent Tells you they can do it for less, Beware! They are either lying to you or willing to break the law.

Do you think your best interest is at hand if the person you seek help from violates the very laws that govern his profession? The Premium,10% of the bail amount and is not refundable once the bond is posted. The bond stays in effect until the case is over and the court orders the bond exonerated. Upon exoneration of the bond, the collateral is returned to the Indemnitor(s).
It is your responsibility to keep the agency informed. As the Indemnitor it is import to understand that there is absolutely NO RISK in pledging any amount of collateral to a bail agency as long as you are 100 percent certain the defendant will not flee and appear in Court each time as required.

Please keep in mind this is a generalization of the bail bond industry. Each state has it's own specific bail bond laws. Also, each bail bondsman has his own bail bond policies and procedures.

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