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Bail Bond Laws

What is a bail bond?

A bail bond is one way that a person can have a defendant released that is waiting for a trial date when dealing with criminal charges from the law enforcement. The defendant, the defendant’s family and possibly friends and even professional bail bondsmen will complete a document that assures to forfeit the money that is decided by the court that is equal with the importance of the suspected offense if the defendant does not return to the court house for their trail date.

How does a bail bond work?

When someone is placed in jail, often times neither the person nor the family have the money to bond this person out. That is when the bail bond method comes into play. When a bail bondsman is working with the bail bonding agency, the bail bonds man will put up the money in order to release the defendant out on bail. The bondman will charge normally a 10% of the total amount of money that is required for the whole bond. This fee is normally not refundable, even if the case is thrown out in the court. A bail bondsman will take a security from the defendant’s possessions to cover the bail money. If the defendant does not have enough possessions, then in many situations the bondsman will take out securities from others that are willing to help out. When this security is taken out, a bondsman will want 10% cash to add to the mortgage of the person’s home that will often times equal the amount of the bail boney money that is owed. If the defendant does not show up for their court date, the bondsman has the right to not only hire someone to track this person down, but also to sue for the money that is owed. The bail bond company can also claim any unpaid money that were owned from this person, or other people that has signed the contracts. A bail bonds can help many individuals for more information pertaining to bail bond information and bail bond rules, contact the Experts.

In the state of Ohio if someone co-signed on a bail bonds and then called to be removed why would this person have to pay the bond?

In these types of cases, the rulings can vary all depending on the terms of the contracts as to whether a person can or cannot be released from paying the bond. In most bond contracts, the bondsman company will not allow the co-signer be released from the bond unless they person has another person take their place as the co-signer. When signing as a co-signer one person will need to pay close attention to the bond document that they have signed regarding their rights to be released from the bond.

What is the procedure in order to have a bail bond revoked since the person that they agreed to bond out violated their court orders?

Normally, only a judge can revoke a bail, and it is normally done when a prosecutor or pretrial supervision services request it. The person can send a letter to the judge stating that the person had violated the court orders after being released; make sure to send a copy of this letter to the prosecutor. After that, they can ask that the court schedule a bail hearing before the court date. After this, it will be up to the prosecutor and/or the judge to follow a revocation. If the judge does decide to not schedule a court hearing before, then they will have to show up on the trial date and talk to the prosecutor and request that the prosecutor make a motion in order to revoke the bail.

In the state of Texas can someone pay cash for a bail bond and then once the person is released from jail revoke it?

A bail bond is a promise from the bondsman to pay the court a certain amount. If the person charged does not show up for their court date, any and all paperwork and liability is assumed by the bail bond company. If the person paid the bondman a certain percent of the bail amount in order to take responsibility of the paperwork, liability, failure to pay bond and re-arrest. The bond is then held until the end of the case. The amount that will need to be paid to the bail bond is a small percentage of what is actually the cost to the court in order to secure that the person is released from jail. So, in other words someone cannot revoke the money that they have paid to the bondsman to get the person out of jail. The money is in fact paid as the fee that is charged by the bondsman in order to get that person released from jail.

The process of dealing with bail bonds and bail bond companies can often leave a lot of people confused especially if they have never been in this situation before, or if the bail bond rules vary from county to county or state to state. For more information on the bail bond laws, contact the Experts.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2453
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
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3 Criminal Lawyers are Online Now

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    Ask follow up questions if you need to.
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    Rate the answer you receive.

Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Bail Bond Questions

  • I have never raised a hand to my Wife of 23 years, but after

    I have never raised a hand to my Wife of 23 years, but after a pill or two and half bottle of wine she became overly aggressive to me (I was not drinking or taking anything) and started screaming call 911 when I sat her down on the sofa to calm her down before she woke the neighbors around 10:30 pm Tuesday 5/20/14. In her efforts to try to get me out of the house she ran to her room and called 911 saying she was afraid I was going to hurt her. I told her not to start something she couldn't stop because you can't say I don't want to press charges anymore on a 911 call, they have to take someone to jail and the charges are by the D. A. I was standing in the hall looking at her through the door telling her there was no emergency but she dialed anyway. I said I'll be out by the street to welcome them. To shorten this story one Officer talked to me and one to her. After they didn't know who to arrest because she was not abused but they could tell she had a buzz, the officer ask me for the third time to tell him again what happened. When I said I sat her on the sofa he stopped me and ask, how did I get her to sit down on the sofa, I said I just pushed her over and sat her down. He said "your under arrest". On the way to jail I ask about bail and the Officer said for small things like this late at night maybe $5,000 and they usually reject the case for no evidence. On the way he reported in and told me bail was $20,000. It was 3 or 4 am by the time I got to a bunk. I woke up for breakfast thinking they would let me out sometime today for lack of evidence. That day went by very slow because I was waiting all day. They should have let me out but I didn't hear from anyone. After hearing nothing all day Wednesday by noon on Thursday I started asking but they were not going to help me find out anything and they heard nothing about me being released. So with the next day being Friday going into Memorial weekend with Monday a holiday I didn't want to half to wait until Tuesday to get out of jail. I called my Sister collect from the phones in the eating area before lunch was over asking her to get a Bail Bondsman for $2,000 to put up the $20,000 and I would pay her back. so at 1:30 pm they started the process, having me roll up the bunk they issued to me and go to the window for processing out of the cell block I was in. That paper told me to go to the holding cell and wait on release paperwork. By the time I walked out of jail on Thursday 5/22/14 it was 4:30 pm and the paper work I received said the release information was bail bond # ***** in amount of $20,000. If I failed to appear It would be an admission of guilt for Felony, or fine or both. Court date set for Wednesday 5/28/14 after the holiday weekend.
    When I got home my Wife said she tried to tell my Sister that I was to be let out because my case was rejected. She was at the court going through process of putting a Restraining Order(R.O.) on me with a kick out order but the judge there did not grant 90 % of the request due to lack of evidence until that court date 6/13/14. While she was there processing the R.O. my sister called her to see what was going on because she was going to bail me out and one of the ladies overheard my wife and sister and pulled it up on her computer and said his case has been rejected. (That was around 2:00 pm Thursday). Sister didn't believe her so she called a Bail Bondsman. That B.B. let my Sister stay connected and listen as he called the jail and they told him I was in jail with $20,000 Bail. so she paid $2,200 for him to get me out. When I went to court the next Wednesday on 5/28/14 as the Judge was walking to her chair she called my name and I said here in front row. she said "Your case has been rejected. Your free to go. The paper they gave me said Case Status : Discharged Release Status : Discharged from Court Bail set amount $20,000 Court Orders Bail Bond Exonerated.
    Sorry for the long story but my question is do I get my $2,200 back. My wife called the D. A.'s office Friday and ask what day my case was rejected and they said Thursday 5/22/14. That's the same day my sister put up the money to get me out. With me not getting my papers for getting out of jail until 4:30, 2 hours after the lady pulled it up on her computer that same day that my case was rejected. Doesn't someone owe me $2,200 ?
  • what if arrest affidavit contains several ( false and misleading

    what if arrest affidavit contains several ( false and misleading ) statements witch result in a much inflated bail bond and ect ect ,a defendant needs to appear before a judge on television instead of just bonding out early ?? what recourse does a person have ? thank you PS there is proof affidavit was mostly false
  • Our 22-year-old son is a college student in California. He

    Our 22-year-old son is a college student in California. He was pulled over on July 2 on his way home from work (not charged with any traffic violations) because the police officer in the vehicle behind him "ran his tag" and found a warrant from 2011 for hit-and-run.
    He was arrested, allowed by the nice officer "just doing his job" (and I'm not questioning that) to call us BEFORE he took him to jail. We (his parents) live in the state of Georgia, where he grew up. I should note that his vehicle is still registered in Georgia and he has a Georgia driver's license because he is a dependent college student under the age of 24 whose vehicle is registered in his home state. We did not receive a subpoena or any other notice of this at our home address in Georgia, and our son did not receive any notice in connection with this at his California address either.
    Our son says that he does not know what the charges are about, as he does not remember being involved in any accident, even a parking lot "fender bender." He was terrified when put in a jail cell with numerous other prisoners - not all there only for traffic violations.
    He was released about 8 hours later on $5,000 bail after we arranged for a bail bond. He has a court date in late July. Will this court date be for arraignment only? Is there any way to find out what evidence exists prior to the court date? We have been told that it is a misdemeanor hit-and-run case. What is the likelihood that the case will be dropped since our son does not have any memory of any such occurrence? Does the complainant have to show up in court? Does there have to be photographic evidence? Couldn't anyone get a license plate number from a parked vehicle and allege that the car hit their car and fled the scene?
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