Bail Bonds Frequently Asked Questions (FAQ)
What is a bail bond?
A bail bond is a financial guarantee to the court ensuring that the defendant will appear at all the mandated court dates until the case is over. Should the defendant fail to comply with the court's mandates, an arrest warrant may be issued and bail bond forfeited.
How much does a bail bond cost?
The State of California's Department of Insurance regulates the rates on all bonds. The premium is 10% of the total bail amount and is non-refundable. For example, the premium for a bail bond of $15,000 would be $1,500.
What am I agreeing to if I co-sign?
A co-signer or indemnitor has the responsibility to ensure that the defendant appears in court when required. He/She is legally obligated for the penal amount of the bond until the case is exonerated.The co-signer must know the whereabouts of the defendant at all times and must immediately notify the bail bondsman if the defendant has moved. Since the co-signer’s collateral is at risk if the defendant fails to show up as summoned, it is advised to be cautious when it comes to keeping an eye on the defendant.
How is the bail amount determined?
There are a number of different factors that are considered when a judge sets bail. Often, the bail determination begins with a rate schedule, which differs by locality. A judge will also take the following considerations into account when he sets bail:
- Severity of the crime
- Prior Criminal History
- Flight Risk
Do I get money back?
You do not get your premium back that you pay to the bail bondsman. This fee is what allowed the defendant to get out of jail and is fully earned once the bond is posted.. For example, if the defendant gets rearrested on another case and remains in custody the money for the bail is not refunded..
What of the defendant doesn’t go to court?
When the defendant misses a court appearance, a bench warrant is issued for the person's arrest. The defendant's name is then entered into a nation wide data base (NCIC). The defendant's Bail Agency is obligated by law to arrest defendant. This may cause the indemnator to incur further costs related to his arrest.
What is collateral?
Collateral is anything of value used to financially secure a bail bond. Some examples of collateral include houses, cars, boats, jewelry and cash. Collateral is usually returned when the bail bond is exonerated and all payments for the bail have been made.
What to do when you get pulled over by the police
- Remember, anything you say or do ca be used against you.
- Don’t get into an argument with the police.
- Think carefully about your words, movement, body language, and emotions.
- Keep your hands where the police can see them.
- Don’t run. Don’t touch any police officer.
- Don’t resist even if you believe you are innocent.