The purpose of posting a bail is for the Surety company to assure that the defendant will attend in court when required. Before and/or after conviction. Failure to do so, the Surety company will be asked to pay out the full Bail Amount.
The bail bond company guarantees to the court that the defendant will appear in court each and every time he requires to set by the judge. For this service, the defendant is charged a premium for the bail amount. Usually the defendant ‘s friends and family, typically contacts a bail bond company to arrange for the posting of bail. Before the bail can be posted the defendant ‘s friends and or family who is the co-signer must guarantee that the defendant will appear in all court dates. In additions, if the defendant failed to appear and the bond get forfeited they will pay the full bail amount.
If the defendant or the defendant family and or friends can deposit the full sum mentioned in the bail amount order then you don’t need a Bail Bondsman. Cash is accepted, and it is the practice for each court to accept cashier checks or money
The amount of the bail is primarily within the discretion of the judge or magistrate. The amount of the bail is base type and seriousness of the charge, the defendant’s previous criminal record, and the probability of the defendant appearing at the trial or hearing.
It all depends on the type of cases. The paperwork usually takes approximately 30 minutes. Once the bail is posted it will take between 15 minutes to 12 hours, depending where the defendant is held at.
Once the bail amount is posted, the premium is deemed earned by the Bonding and Surety company. The premium is good for a period of 1 year and thereafter the premium is due annually as long as the case is not settled or resolve.
Not all cases will need collateral. It all depends on the type and seriousness of the charge and the co-signer or guarantor. Collateral is release back to the defendant or the co-signer or guarantor once the case and all the obligation is settled. Collateral can be in the form of Personal or Real Property of equal or more value for the amount of Bail Amount.
This is when the court release the defendant with the defendant promise to appear or return to court. This only is granted when the case is of a small nature
Exoneration normally occurs when the case pending is settled and the defendant is under custody or have agreed to serve or pay penalties. Once exonorated the liability of the surety terminates.