What
are the release options when someone is arrested and how can
the bond be paid for?
There are five release options available. The three most
common options are: Cash Bail, Surety Bond and Release on Own
Recognizance (O.R.) - also called Personal Recognizance or P.R.
- this option does not require the services of a bail bonding
company. Property Bonds and Release on Citation are the other
two options. Cash, checks and credit cards, along with
collateral (see collateral below), are all accepted in the
financing options available for release.
Cash Bail
Cash bail means a person must give the court or jail the total
amount of the bail in cash. The cash will be held by the court
until the defendant appears at all of his/her court cases and
the case is concluded. Full cash bonds provide a strong
incentive for the defendant to appear in court.
Surety Bond
This process uses a contractual agreement by an insurance
company having sufficient assets to guarantee the full value
of the bond. The bail agent guarantees to the court that they
will pay the bond forfeiture if a defendant fails to appear
for their scheduled court appearances. The bail agent’s
guarantee is made through a surety company and/or by pledging
property owned by the bail agent. Subsequent to this
procedure's completion, the bail agent will post a bond for
the full bail amount, financially guaranteeing the defendant's
return to court as scheduled.
Bail bond
agencies are required by law to collect 10% of the bail
(called a premium.) For example,
if the bail amount is $2,000, the premium charged is $200 with
the full face value of the bond secured with collateral. With
the help of family and friends, as well as through the
collateral, the bonding company then has the reasonable
confidence that the defendant released on a surety bond will
show up for all their court appearances.
What is collateral and what can be used?
Collateral is
anything of value used to financially secure the full value of
the bail bond. Some common examples of collateral include
credit cards, houses, cars, trucks, motorcycles, boats,
electronic equipment and jewelry.
How much of the premium will I get
back and when will collateral be returned?
The premium is the fee for the services of the bail bond agent
and and therefore the amount of the premium is not returned.
This amount typically represents 10% of the total bond. The
collateral is returned (provided the defendant makes all their
scheduled court appearances) when the court has finished with
the defendant’s case, exoneration of the bail bond, and after
all fees have been paid.
How long does the release take?
This differs between city and county jails. City jails are
operated by city police departments and county jails by the
county sheriff. After a defendant is booked (fingerprinted,
photographed, warrants checked, etc.), it typically takes 1 -
2 hours to be released on bail from a city jail, and anywhere
from 2 to 8 hours and up to 24 hours from a county jail.
Henry's Bail Bonds does everything possible to expedite the
defendant's release but all incarceration facilities have
their own timetable over which neither we, nor the bail
bondsman we sent to the facility, have no control.
|