Posts Tagged ‘bail bondsman’

How Does Bail Work

September 7th, 2010

Bail is the temporary release of a prisoner in exchange for security given for the due appearance of the prisoner.

When a person is arrested and charged with a crime they will be required to wait in custody for a sentencing hearing or pay money to be released while waiting for the sentencing hearing. The money required for the release of the prisoner is called bail. It can be paid by anyone, including friends, relatives or bail bonds companies to the jail.

Consideration put up for bail, typically cash, is returned to the client when the offender appears at their trial. The return of bail consideration does not hinge on the outcome of the trial. The return of bail money is dependent on the accused offender’s appearance at all court proceedings and that they follow all of the instructions of the court. Almost all people accused of crimes in California are offered bail privileges by the court. However, in the case of capital crimes bail is often revoked as an option when overwhelming evidence can be presented by the District Attorney.

Occasionally the court allows an accused offender to be released without posting bail. This is commonly know as “on their own recognizance.” Such cases are based on the suspects apparent good behavior and lack of criminal record. In these cases, bail might be required if the suspect fails to appear in court.

Most often, when someone is arrested and accused of a crime, they will need to post bail in order to obtain release from incarceration. Bail can be posted by anyone possessing the ability, or if the funds are not available a bail bonds agency can extend the bail as somewhat of a middleman. A bail bond issued by a bail bond company is known as surety.

Once the bail bondsman pays the bail fee, a 10% fee is charged to the client. 10% is a California State regulated amount. The bail bondsman only collects payment once the trial is complete. Occasionally, the court takes 10% if a bail bonds company is not used. Clients must agree to show up to court and be present at all legal proceedings. Should a client fail to attend any legal proceedings, additional fees will be applied to the bill.

Should an offender fail to attend a trial or show up for a court appearance, the bail bondsman may employ a bounty hunter to locate the suspect. Bounty Hunters are professionally trained employees who track down fugitives who have ditched their court appearance or “jumped bail.” Once the fugitive is found, the bounty hunter will return the suspect to jail. If an offender jumps bail, the fees used to employ the bounty hunter are tacked onto the original bail bond cost and thus more expensive for the client.

Looking to find the best deal on bail, then visit www.bailbusters.com to find the best advice on obtaining a bail bond fast and easy.


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Common Myths About Bail Bonds

July 30th, 2010

Fortunately most people are never arrested and never have to deal with the bail bonds process. As a result, most Americans don’t have to understand the important role that bail bonds play in the American legal system. Misconceptions consequently abound when it comes to the public’s perception of the bail bonds industry.

The first bail bond myth is that bail and bail bonds are the same thing. Bail is the amount of money a court requires to release a defendant after being arrested. A bail bond is a surety bond provided to a court by a bail bondsman to secure the release of a defendant. If the accused fails to appear, the bail bond is a promise that the bondsman will pay the full bail amount.

The bail bonds industry is a notoriously tough business because of intense competition. Competing messages shower radio, internet, print and television advertisements. Often these advertisements focus on the cost of a bail bondman’s services. This fuels the myth that pricing is different from bail bondsman to bail bondsman. This is inaccurate since each state mandates the fees charged by respective bail bondsmen and the ability to set pricing has been removed from each bail agency.

Many people believe bail bondsmen are the same thing as bounty hunters. This is a very common myth about the industry. These are actually two separate jobs and roles within the bail bonds environment. A bail bondsman is the one who posts a bail bond and secures the releases of a defendant. They are the one that is financially responsible if a defendant fails to appear in court as scheduled. A bounty hunter is the person the bondsman calls to locate and return a defendant who fails to show up.

Once you’ve separated fact from fiction, you will be better able to navigate the court system if need be. Hopefully, you won’t have to know the ins and outs of bail bonds. But if you do, it is better to be armed with the accurate information.

Want to find out more about Las Vegas bail bonds, then visit Sandra Ryder’s site on how to choose the best Las Vegas bail bondsman for your needs.


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Fundamentals Of Miami Bail Bonds

June 19th, 2010

In every state, bail is available to those arrested for crimes in specific situations. The ability to be released on bail has a long history in the United States. It is referenced in the sixth amendment of the constitution. Typically bail is reserved for defendants who are not thought to be flight risks or a danger to the community.

For those arrested and incarcerated in Miami Dade County, the Miami Dade County Court sets the bail amount. Usually the more serious the criminal charge and the more serious the defendant’s flight risk, the higher the bail is usually set.

If someone cannot or does not want to post the whole bail amount themselves, they can hire a bail bondsman to do it for them. The bail bondsman must be licensed by the state in which they are operating. For example, a Miami bail bondsman must be licensed in Florida. The bail bondsman is required by the state to charge a flat fee for posting a bail bond.

The fee that Miami bail bondsmen may charge is 10% of the total bail amount. If bail is $1,000,000 a bail bondsman will be allowed to charge a client $100,000 for posting the bond. If the defendant fails to appear as ordered by the court, a bail bondsman could potentially lose the entire bail amount. Therefore, bail bondsmen will often require collateral before posting a bond. It can be anything of value such as stocks, bonds, real estate, cars, etc..

If a bail bond contract is entered into by a bail bondsman and a client, the bondsman becomes financially responsible for the defendant appearing in court as scheduled. The bail bondsman then obviously has a strong incentive to ensure the defendant meets the court ordered appearances.

Bail bondsmen are a very important part in the criminal justice system. They assist people without the means to obtain release. Thereby preventing unnecessary hardships for people that are innocent of the crimes for which they are accused

Looking to find the best deal on Miami bail bonds, then visit www.miami-bail-bonds.net to find the best advice on Miami bail bondsmen.


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Bail Bonds Licensing

June 19th, 2010

Requirements for participating in the bail bonds industry vary from state to state. Nevada has some of the most comprehensive and detailed laws regarding the bail bonds business. As with every state, the participants of the bail bonds business are required to be licensed and follow strict regulations. In Nevada, there are three types of bail licenses available including the bail agent, bail solicitor and the bail enforcement agent.

When most people think of a bail bondsman, they are actually thinking of a bail agent. This is someone who posts a bail bond to obtain the release of an incarcerated individual from jail. In order to do this, the bail agent must be appointed by a surety insurance company. The surety insurer is the company that underwrites the bond presented to the court.

Those soliciting bail bonds business, but not appointed by a surety company, must be licensed as a bail solicitor. Bail solicitors act as the salespeople of bail agents. They must work under a bail agent and can only work for one bail agent at a time.

The court views a bail agent as a de facto jailor of the defendant released on bail bonds. Many rights and responsibilities are bestowed upon a bail agent to fulfill this role. Bail enforcement agents are contracted or hired by bail agents to enforce the conditions of a bail bonds release. Often this means a bail enforcement agent is tasked with recovering someone who did not appear at their scheduled court appearances or is not complying with the conditions of the release facilitated by the bail bond. Their primary role is to find and return defendants to the court and ensure the bail bond is not forfeited by the bail agent.

Bail agents, bail solicitors and bail enforcement agents are important components of the legal system and judicial process. Their responsibilities are significant since they are tasked with ensuring defendants meet the courts’ expectations of release. It is imperative that the individuals involved in the bail industry adhere to the highest ethics and morals.

Want to find out more about Las Vegas bail bonds, then visit Rayce Evans’s site on how to choose the best bail bonds company for your needs.


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The History Of The Bail Bond Process

May 19th, 2010

Our legal system is built upon the idea that a person is innocent until proven guilty. A defendant is given legal representation if they are unable to afford their own counsel and time to prepare a defense against the charges. During this process the defendant, in most cases, is allowed their freedom by utilizing the services of the bond system and a bail bondsman. This system was formed in the early days of our country and continues to be used to protect the rights of the defendant and the public.

A surety bond is the process by which the accused can “buy their way out of jail” with the knowledge that if he/she does not appear at the arranged hearing, all funds used to buy the release will be forfeited. Basically, our legal system has created what they consider a financial guarantee that the defendant will appear in court on the required date.

Bail is granted to most people arrested for non-capital crimes and occasionally for those facing capital crimes. The current system is similar to what evolved in England during the Middle Ages. The early settlers brought the same program to America, officially instituting it with the Bill of Rights and additional legislative acts. The Sixth Amendment grants the right of habeas corpus, in which a person has the right to know the crime for which they are being arrested. This is a key issue for the system. A person would only be able to request their release if they were aware of their crime and if it was on the list. The Eighth Amendment prohibits demands for excessive bail. The only major change to security laws occurred in 1966 with the Bail Reform Act. This act allowed judges to determine if a person could be released on their own recognizance, or whether a financial guarantee had to be imposed, while awaiting trial. Non-capital crimes were the focus of the act, but capital crimes were also included in certain situations.

The provisions are highly dependent on the nature of the crime committed. Of course, there are other considerations as well; for example, those accused of capital crimes are often considered too great a risk to the security of the community, so these people are kept in jail at least until the first hearing. The definition of a capital crime varies from state to state, but is usually a crime that is punishable by the death penalty. Common examples of a capital crime include first-degree murder, murder with special circumstances, rape and federal treason.

In addition to the type of crime, the circumstances surrounding the crime, such as the age of the victim and the perceived dangerousness of the defendant, also play a role in determining release or bail amounts. If the accused is deemed to be a very high flight risk, bail may also be denied or set extremely high.

Bail amounts are not uniform, but do tend to fall into a typical range for the type of crime committed. Of course, all those other considerations come into play, such as the victim’s age, the amount of physical violence, etc.

The legal system in America clearly states that a person is innocent until proven guilty. That innocence entitles them to retain basic freedoms until they are proven guilty in a court of law. Bonds are just a part of the way the legal system and individual rights are upheld in the United States.

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Stephen Daniels is an SEO 2.0 researcher for a variety of industries. If you’re in need of a bail bondsman in the Miami area, he recommends Blandon Bail Bonds. Though this family owned business is based in Florida, their competitive services can be accessed nationwide, 24/7.


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How to Find A Quality Bail Bondsman

April 11th, 2010

If you are contacted by a friend or loved one who has been arrested, you’ll need to find out where he is incarcerated and the amount of bail that has been set. Speak with the booking officer, either by phone or in person, and ask for help in finding a bail bondsman (assuming you are unable or unwilling to advance the entire amount yourself).

Although law enforcement personnel are not permitted to give you a specific recommendation, they are able to guide you through the process of locating a licensed, legitimate bonding company. Often, there will be an office on the premises of the police station, in which case you can rest assured that you are dealing with a trustworthy legal entity. If you have any doubts as to the legitimacy of the bondsman, ask to see his license or check out his particulars on-line to verify that he does have the required qualifications, which include a mandatory state license.

Anyone who has ever watched a legal or police procedural television show has at least a perfunctory knowledge of bail, but not everyone knows exactly what it means. Briefly, a bail or surety bond is a sum of money posted by a police detainee which is designed to ensure the appearance of the defendant at his trial. Often, minor infractions incur a predetermined amount that can be paid on the spot at the time of arrest. Greater offenses, however, require a hearing during which a judge decides the amount of surety necessary.

It should be noted that a surety bond is not meant as a punitive measure, but rather as a financial incentive to keep a suspected miscreant from fleeing, while still allowing him the freedom to go about his business while awaiting trial. This opportunity is provided because everyone is innocent until proven guilty in the eyes of the law.

Bail is granted in virtually all civil cases and in a large percent of criminal cases, as well. Only when the offender is accused of homicide or other heinous felony, presents a serious flight risk or appears to be a danger to the community will bail be denied. The amount set by the judge is decided on a case-to-case basis and is often a subject of argument between the prosecutor and the defense attorney. Generally speaking, the greater the crime, the greater the amount required to release the defendant. Depending on circumstances, the amount can range from less than a few hundred dollars to seven figures in high profile cases.

Four states have banned commercial surety bonding (Oregon, Illinois, Kentucky and Wisconsin). These states have a state-run program that generally requires you to pay ten percent of the bail amount. In all other states, expect to pay a commercial bail bondsman ten to fifteen percent of the total amount. For example, if the amount is set at $10,000, you will need to provide $1000 to $1500 to secure the release of the prisoner. This portion of the money is a non-refundable fee charged by the bonding company; the balance is returned to them after the trial begins.

Until that time, the defendant will be placed in your custody and may proceed with his normal activities until the trial date. One word of caution: if the defendant skips town, you will be responsible for the entire amount, so it’s in your best interests to see that he shows up.

Reproduction permitted only when all active hyperlinks are included. 2010 All rights reserved.

If you’re looking for an experienced bail bondsman in Miami, call on Blandon Bail Bonds , a family owned business that offers the lowest legal rates and has bilingual agents available to assist you and your loved ones 24/7. Though they work directly in South Florida, their expertise is available for bonds nationwide. Distributed by SEO 2.0 Services


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A Bail Bondsman Speeds Up the Process To Get Family and Friends Out of Jail

March 5th, 2010

If you’ve ever been in the position of having to bail someone out of jail, you know how confusing and stressful it can be. Dozens of questions need answers and it’s important to know where to turn for help.

That’s where the right bail bondsman comes in. Before choosing one, it’s a good idea to do some research on the requirements of your state, the bond-posting rules and the kind of assistance the bail bond service offers. Not too long ago, this was a tedious, often frustrating experience, but these days your most helpful tool in locating the right bail bondsman for your particular case is the Internet. In addition to pointing you to the best service, it will link you to many bail bond websites that contain other important information, from the rules and regulations of your state to a listing of defense attorneys in your area. A few clicks can take you to a bail bond agent who is able to offer instant help and has an office right at the jail. Being on the scene at all times every day also allows him to start the necessary paperwork so that it’s readily available by the time you arrive.

These days, it may not even be necessary to appear in person to bail someone out of jail. The better bail bond services offer on-line applications that simplify the process for both you and the arrested individual. Many will also offer instant credit which allows you to conduct the entire transaction by phone. Oftentimes, bond can be paid by debit or credit card, and there are even some who will accept personal checks and set up a payment plan for you. And, since time is always of the essence in these cases, a good bail bond service will not only implement electronic transfer of paperwork and money, but can do so smoothly and with no embarrassment or discomfort for you. All paperwork can be done via fax, saving hours of time and stress. When collateral is required, a helpful bond agent will speed you through the process quickly and with as little hassle as possible, ensuring that no detail is overlooked to keep you in compliance with local laws and ordinances.

The right service can help reduce the amount of the bond, as well as providing all the information you need to insure a fast, safe release of the detainee. In fact, a good bondsman can be your best friend in solving one of life’s more upsetting problems, acting both confidently and confidentially on your behalf.

In Miami, Florida, the professional bail bondsman at Blandon Bail Bonds are ready to help. With over ten years experience, this family-run business offers their expertise and low legal costs nationwide, 24/7. Powered by SEO 2.0 Services


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Posting Bail – Getting Out Of Jail (Usually) Isn’t Free

February 5th, 2010

Should you ever be arrested, you will likely have one major concern — how to get out of jail as quickly as possible. It probably won’t be free, but here’s some things to expect.

After being arrested, booking and processing happens at the local police station. You’ll be fingerprinted and background and warrant checks will be run. After a weapons search, your belongings are retained and catalogued. Then you’re put in a cell. You might get to make phone calls right away, or you may have to wait. Be prepared for this to take a while.

After booking, a few different things can happen:
1. You may be released without being charged.
2. You may be released on your Own Recognizance (OR)
3. You might get a Citation Release (or cite out)
OR
4. You’ll be arraigned (a formal reading of the charges being pressed) and bail will be set.

Options one through three are your “get out of jail free” cards. The first is the best case scenario – you’re free to go because no charges are being pressed. The second, Own Recognizance (aka OR), is used sometimes for lesser crimes. You are released with a written promise to appear at the trial. The third, Citation Release, is when you’re given a citation, or ticket, to appear in court on a given date. This is typically for traffic violations.

If formal charges are brought and bail is set, getting out of jail isn’t cheap. The bail system is a way to guarantee that you will show up for your court date. Bail amounts depend on the crime. You can cover the required amount in one of three ways.

1. Cash (most jails don’t accept credit cards or checks). The money is held until you appear in court. After the trial, the entire amount is refunded to the person who paid it, possibly less some processing fees.

2. Property Bond. In some cases, real estate can be used as collateral instead of cash. Equity in the property must be greater than or equal to 150% of the bail amount. Similar to buying a house, this process can take weeks. You’ll be in jail the entire time. The court forecloses if you don’t show up for the trial.

3. Bail bonds. You, or your friend, family member or attorney, may call on a bail bondsman to get help covering the full amount. The bondsman will usually require certain personal information about you, your history and the charges being pressed against you in order to assess the risk involved – they want to know if you’re likely to skip town before the trial. If they think you’ll show, the company will require a non-refundable up-front fee that is a percentage of the full bail amount. (The percentage is mandated by state law.) If the bondsman suspects you’re a risk, you (or whoever is putting up the money) will have to provide collateral of some kind in addition to the fee. Paperwork can often be handled by fax or email. Then, the bondsman will go to the jail and post bail on your behalf. Lucky you — you can potentially be out of jail in just a few hours.

Once the full amount of bail is paid, you will be released until your day in court. Keep in mind that whoever pays your bail is responsible for ensuring that you are present for the trial. Bail bond companies do not treat this matter lightly.

Need an experienced bail bondsman in Miami? Contact Blandon Bail Bonds. Their family owned operation offers the lowest legal rates, and has bilingual agents available to assist you 24/7. They specialize in South Florida but can place bail bonds nationwide. Powered by SEO 2.0 Services


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Bailing Someone Out Of Jail – What You Should Know

January 29th, 2010

Few things are as startling or, if you’ve never done it before, as confusing as the request from someone to post bail. Although you’ll be tempted to ask for details, ask only what you need to know, such as his location and the amount of the bail; time is of the essence when someone has been arrested and doesn’t want to spend time in jail.

Clearly, the first thing to ask is the amount of money that is necessary. Most jails have standard amounts that have been set by judges for common crimes. This figure is not negotiable. You’ll want to speak to the booking officer and find out if the judge has demanded cash. If the answer is “yes”, you will need to produce actual money. Personal checks are rarely accepted. Some states accept debit or credit cards, but the process involves a third party and is somewhat complicated. If cash is required, stopping at an ATM is probably the easiest thing to do. Once the cash is turned over to the booking officer, the arrestee will be released to your custody. By posting bail, you are responsible for seeing to it that the defendant shows up for the trial, after which your money (minus some administrative charges) will be given back to you.

However, if bail is set too high for you to pay it, you will need the services of a bail bondsman. The booking officer may be able to suggest bail bond companies in your area, or you can simply look in the local phone book for a convenient office. Once there, be prepared to answer a fairly lengthy list of questions and to part with some cash.

Most bail bond companies charge a non-refundable fee of at least 10%, so that if bail is set at $5,000 for example, you will need $500 in cash to obtain it. They will ask about your relationship to the defendant, what you know about his background, employment, living arrangements, and any other personal information you might have. Of course, they will also get a report from the police on the details of the arrest. Then, on the strength of what they learn about the arrested person, if the bondsmen believe that the defendant might not show up for trial, they can request extra collateral from you in the form of real or personal property. This means you may be asked to back the loan with property worth the full amount of the bail in addition to the ten percent fee, meaning you may be putting your house, your car and any other valued property at risk.

With this in mind, it’s obviously better to take the money from your bank account than from a bail bond company — if you can afford it, of course. Whichever method you opt for, you should be aware that the process won’t be cheap. Even the most open-and-shut court proceedings are costly. After paying lawyers and court fees, the person you bailed out will probably be in debt, and you’ll just be one of the people to whom he or she owes money. You’ll want to carefully consider whether you should post bail for anyone unless you’re able to comfortably shell out a substantial amount of cash for an indefinite period of time.

In Miami, Florida, if you’re looking for an experienced bail bondsman, call on Blandon Bail Bonds. Their family owned operation offers the lowest legal rates, and has bilingual agents available to assist you 24/7. They specialize in South Florida but can place bail bonds nationwide. Powered by SEO 2.0 Services


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What To Do If You Get Arrested In Atlanta

January 16th, 2010

Being placed under arrest in Atlanta is a very compromising situation and one that will certainly bring you agony. When you take that ride in the back seat of the police cruiser with your hands handcuffed behind your back you often feel like crying. You are about to enter a helpless situation, as being put in jail is a very difficult thing to endure. You will be packed like a sardine into a holding cell with other volatile individuals who have also just been arrested.

Always assume you’ll be treated very disrespectfully by the jail employees and corrections officers. They enjoy treating you poorly and they can. Unless absolutely necessary, don’t ask for anything. Just wait patiently and don’t expect to be able to use the phone until you have been transferred from the holding cell to the cell you will be staying in until you post bond or get released. This typically takes anywhere from 3 to 12 hours. This is also one of the most unpleasant periods of incarceration.

When you are enduring the torture of waiting in your crowded holding cell, your first meal in jail will probably be delivered to the new inmates. Most food in jail is not suitable for a starving homeless person, and you can certainly believe the food at Cobb County Jail is no different. When I was arrested and put in jail, my first meal was a very repulsive peanut butter and jelly sandwich with a very strange smelling banana.

Once the pure treachery of being in the holding cell are finally over, you will be led to another area of the jail where you will be placed until you are ultimately released. While this will be more tolerable than being in a holding cell, the conditions will still be miserable and you will not be comfortable at all. Your new home will feature a concrete slab with a mattress pad that will remind you of your high school gym class. While it won’t be comfortable, you will want to sleep as nothing else will be even slightly enjoyable.

When you finally get an opportunity to use the phone, be absolutely sure you make your one phone call count. While you could potentially make more than one phone call, you can be sure other new inmates will be anxious to use their phone time too. The last thing you want to do is get into a confrontation over use of the phone. You want to just find the person you can trust more than anyone to get you out, even if its the middle of the night. Bail can be expensive, and with the addition of other costs like possibly needing to get your car out of impound, this experience could be very financially damaging to you.

The most important thing to do after you get out of jail is to start planning your legal defense. You will need to hire a qualified criminal defense attorney to represent you in court and get your charges dismissed or work out the best possible plea negotiation on your behalf.

When you’ve been arrested in Atlanta you need a lawyer to provide you an aggressive Atlanta criminal defense. Be sure to hire a reputable Atlanta criminal attorney and prepare to fight for your rights!


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