Getting Out of Jail
What Is Bail?
Bail is defined as the surety or sureties
who procure the release of a person under arrest, by becoming
responsible for his appearance at the time and place designated.
(Black’s Law Dictionary, Fifth Edition)
When someone is arrested for a crime, the
arresting agency may either release that person on their own recognizance
(“O.R. Release”), or they may hold that person in
custody until a specific bail amount is posted. Not all criminal
charges will be subject to the right to bail. Some crimes require
no bail setting at all (murder, etc.), meaning that the defendant
cannot post bail and must remain in custody until the conclusion
of the case or the sentence imposed.
Typically, bail is set in the amount as prescribed by law according
to the county “bail schedule.” Misdemeanor charges
usually have lower bail amounts than felony cases. Either the
defendant himself, a family member or friend will contact a bail
bond agent in order for the process to begin. The standard amount
to pay the bail agent is 10% of the total amount of the bail and
a small processing fee. Sometimes, a bail agent will require some
sort of collateral, such as title to an automobile (pink slip)
or a deed to a property. After all of the paperwork is completed,
the bail agent will deliver evidence of the transaction (the bail
bond) to the jail, and the defendant will be released within a
few hours. The 10% premium paid to the bail agent is non refundable
and will not be returned no matter what the outcome of the case
might be. Bail Bonds Agent: Herbert Bail Bonds
The alternative to using a bail bond agent
is to pay directly to the jail the entire amount of the bail in
cash or cash equivalent plus a processing fee. All of this money
will be returned to the payer after the conclusion of the case,
when the bail is exonerated.
General Definitions:
- Bail Out of JailBail is a security demanded
by the court to guarantee the appearance of the accused during
the pending action while on release from custody.
- A bail bond is a power of attorney issued
by a surety insurance company, executed by their licensed agent
to allow a defendant freedom from incarceration pending the
conclusion of the criminal case.
- A bail bond agent is an individual licensed
by the Department of Insurance who contracts for the undertaking
of bail.
- When a family member or a friend offers
“collateral,” it is an asset pledged by an indemnitor
as security for the appearance of a defendant released on a
bail bond. Collateral is returned to the depositor upon adjudication
of the case.
- The defendant is the person who is being
prosecuted and who is required to appear in court to answer
pending charges.
- Forfeiture is issued by the court advising
non-appearance of a defendant on bail stipulating schedule of
demand for full payment of the subject bail bond.
- An indemnitor is the friend or family
member of the defendant who accepts liability for the bail bond
by pledging real or personal property.
- An “O.R.” release (released
on your own recognizance) is a release from custody by making
a personal promise to appear in court on a date mandated by
the Court.
- Assuming the “liability”
is accepting responsibility for any financial loss incurred
in connection with the bail bond posted.
- The “premium” is the bail
bond fee as regulated by the Department of Insurance, usually
ten percent of the bail amount.
