WHAT HAPPENS IF THE PERSON DOES NOT APPEAR IN COURT AS PROMISED?
A bench warrant is issued for the person’s arrest and the person’s name will appear in police bulletins as a fugitive. It depends on the jurisdiction, but generally, the court will also give the bail bond agency authority to arrest the fugitive. The bail agency normally calls the person’s home, work, and other references to try to find the fugitive and convince them to appear. If these efforts are unsuccessful, the agency might employ apprehension specialists (private investigators) to arrest the fugitive. As the guarantor, you should try and convince the fugitive to surrender themselves to the police or court …
WHAT ARE THE CHANCES THAT A PERSON WILL BE RELEASED ON THEIR OWN RECOGNIZANCE?
PR (Personal Recognizance) release practices vary widely by court jurisdiction. Generally, the more severe the charge, the less likely the person is to get a PR release. A judge is likely to consider a person’s stability and employment when setting bail. However, bail and PR release standards have been raised in domestic dispute cases over the past few years. Some states even have mandatory “cooling off” periods before bail can be set.
WHEN DO I GET MY COLLATERAL BACK?
When the court case is done. Whether the charges are dropped, the person is found not guilty, or the person is sentenced to probation or jail time, the end of the court case is when you get your collateral returned. The bail bond agent has a legal responsibility to safeguard all collateral and return it to the owner when the case is closed, as long as there’s no outstanding balance due to the premium.
ITEMS THAT ARE NOT CONSIDERED GOOD COLLATERAL
A house you’re still paying mortgage on can be used as collateral, but it could make the process a bit more time-consuming. Any item you’ve purchased on credit to which the lender holds the title and you make payments, like a car.
WHAT IS AND IS NOT GOOD COLLATERAL?
Unencumbered real estate, which is real estate that does not have a lien attached to it Items of major collateral such as cars, boats, and motor homes Personal items of high value such as jewelry, firearms, computers, cameras, stereos, etc. Personal valuables and items of major collateral must be surrendered to the bail agent who will hold them in a safe or other secure place. We go by the current resale value of these items rather than the price you originally paid.
WHY CAN’T I BOND MYSELF?
You can for traffic and minor violations. While a few jurisdictions do allow cash bail by a citizen if they sign an appearance guarantee and/or post the entire bail, most states now require a licensed bond agent to guarantee it. This is so the state knows it can instantly collect the entire bond amount, and the burden of apprehending those who fail to appear falls on the bond agency. Put another way, most states do not hassle with collateral and property; they collect bail forfeitures in cash.
HOW LONG DOES IT TAKE TO GET OUT OF JAIL?
The paperwork takes approximately 15-30 minutes to complete. After the jail receives our paperwork, local police stations generally take up to an hour, and county jails can take between 2 and 4 hours. Generally speaking, the busier the holding facility, the longer it takes.