sanbernardinobailbonds

Bail Bonds Process

When someone is arrested and is eligible for bail, they have two options of bail to choose from. They can either put up Cash Bail with the jail or get a surety bond (Bail Bond) to secure their release. The purpose of bail is to insure to the court that the defendant will go to all of their court dates. If a person doesn't post some form of bail they will remain in jail during their court case and will be bused to and from court when they have an appearence date. If someone who has posted bail fails to appear at one of their court dates, the court will order an arrest warrant for the defendant, forfeit (cancel) the bail, and demand payment of the bail amount. In the event of a bail bond forfeiture the indemnitor (co-signer responsible for the defendant appearing) will have to pay the full bail amount. If cash bail was used then the court will keep it.

Here's how a Bail Bond works

Someone is arrested and let's say their bail is set at $100,000. Bail bonds companies charge an industry standard 10% fee that is regulated by the Department of Insurance. Be careful of any bail bondsman advertising a 5% bail. It is illegal in the State of California to advertise this. Most times, this advertisement ends up in a "bait and switch". Bail Bondsman advertising the 5% bail can loose their license. The fee for a $100,000 bail bond is 10% and would be $10,000. That fee is the bail bond premium paid to the bail bondsman. This fee covers all the costs and services for bailing your loved one out of jail. You do not get the $10,000 back. That is the cost to get someone out of jail and has nothing to do with whether or not the person is guilty or innocent.

The main purpose of bail is to allow the defendant, who hasn't been proven guilty yet, to be free from jail while their case is ongoing so that they can continue to work, lead their normal life, and prepare their case without being in jail. Depending on the charge, bail amount, and credit worthiness of the defendant and the indemitor, it may or may not be necessary for the bail bondsman to collect collateral. Collateral is a physical guarantee that the person will appear in court. Collateral may include but is not limited to credit cards, cash, or a deed of trust. After the defendant has appeared at all of their court dates and the premium has been paid in full, the collateral will be returned to the person that deposited it. The purpose of collateral is to give the bail bond company added security in the event the defendant fails to appear and the indemnitor refuses to pay the full bail amount. In the event that the defendant flees and the indemnitor fails to pay, the collateral will be used to pay the court.