Year: 2012

Though these two agents sometimes work together, there are big differences between them. Bail bondsmen and bounty hunters (aka fugitive recovery or bail enforcement agents) are at times confused with one another, but they each move in their own unique circles and are regulated in completely different ways.

The 1873 Supreme Court trial of Taylor v. Taintor is cited as the origin of the law that a person into whose custody a defendant is remanded as part of the bail process has “sweeping rights” to that person. When a suspect “jumps bail,” this is the time when these two professions will interact, ultimately to bring the defendant back in front of the court and assure the bail is voided instead of forfeited.

What is a Bounty Hunter?

Specializing in capturing fugitives, these recovery agents are paid a monetary reward (bounty) for their services of locating, arresting and detaining. They are in most cases employed by the bondsman, are usually paid around 10% of the bail premium and are not responsible for the fugitive’s bail in any way. Bounty Hunters claim to catch about 90% of defendants who fail to appear. {Rachel Clarke (June 19, 2003). “Above the law: US bounty hunters“. BBC News. http://news.bbc.co.uk/2/hi/americas/3003886.stm.}

Depending on varying state laws, bounty hunters can enter a fugitive’s private property without a warrant to arrest them (though they cannot pursue a defendant into another’s home without that owner’s permission or a warrant). They are generally asked to train and test with firearms, handcuffs, tasers, and other powerful weapons and protective vests. Some states do not require formal training or even a license, only the bondsman’s sanction to operate – however many states have legal requirements that leave an out-of-state bounty hunter powerless in pursuing a fugitive across their borders.

Texas requires a bounty hunter to be a peace or security officer or private investigator; Louisiana requires special clothing to identify themselves as such; Kentucky prohibits any form of bounty hunting, and the state doesn’t have a system of bail bondsmen, so only a peace officer can make an arrest – the variances are endless. Crossing into another country can cause a bounty hunter to be arrested for kidnapping; one example was when TV star “Dog” Chapman was arrested after going into Mexico to capture Andrew Luster, the infamous millionaire rapist and fugitive. Dog was released and he then returned to the U.S., only to be declared a fugitive himself and subsequently arrested for extradition back to Mexico.

What is different about a Bail Bondsman?

A bail bond company is licensed by each state’s Department of Insurance – to write contracts, post surety bail bonds to release defendants from jail, and handle various forms involved in allowing a defendant freedom until their assigned court date. The bail agent guarantees to indemnify the surety (insurance company) in case of forfeiture of the bail (for failure of the defendant to appear). Though a bail agent might go to a jail with papers to sign, they are typically not armed nor do they go out searching for a bail jumper to arrest.

Familiar with the local workings of the criminal court system and its regulations, the bond company can be instrumental in securing a more rapid release of an incarcerated suspect. Because the courts save money when working through professional bondsmen, it is typical to find lower fines and before refunding the balance; they also might deduct payment for public defender fees as well.

Generally you will receive a call from your friend or family member, telling you that they have been arrested and want to be bailed out. They may have little other information but while they are still on the phone, be sure you have their full name, date of birth, name and location of the jail, what the charges were (if known) and when they were arrested.

Contact the Jail

Ask to speak with a booking officer and find out whether or not the bail is cash-only. Also ask the dollar amount of the bail, confirm what the charges are and the date of arrest. If there is a cash-only bond required, and you have the funds, you can go directly to the jail and pay the bail; the defendant will be released in your care.

Because defendants usually want to get out of jail as soon as possible, most jails have set standard bail schedules, which outline the bail amounts for ordinary crimes. By paying the bail defined in that schedule, you might get someone out of jail quickly, instead of having him or her wait for arraignment before a judge.

What You Should Know about Cash Bail

If you post a cash bond (for the full amount of the bail), it can be ultimately used to pay for court costs, fines and even the public defender. The remainder will only be returned to the person whose name is on the bond receipt, and only after the case has been terminated or the offender has been convicted and returned to custody. Statistics show that fines and court fees are substantially higher for cases where cash bail was paid, as opposed to those for which a bail bond was posted.

Contact a Bail Bond Agency

If the bail amount is high, or beyond the means of the defendant or their family, the next step is to find a bail bondsman. Locate a local bail bond company with good reviews or references, and make sure they are licensed by the California Department of Insurance. Select a company that demonstrates professionalism, treats you with respect and shows patience with your concerns.

Answer all the questions (as given above) that the Agent will need to secure the defendant’s release. Be prepared to arrange a bond premium payment of up to 10% of the total bail amount. If the defendant doesn’t have the funds available on a credit card or in a bank account, you might decide to pay it for them. If you aren’t a relative or don’t want to put up the cash, ask the bond agent if they can work out a payment plan with the person incarcerated. This might involve a credit check and a trip to the jail (there may be a fee for this service).

Responsibilities of a Co-Signer

Whether the defendant, or someone else, pays for the bond premium or obtains a payment plan – as the co-signer, you are responsible if they do not make the payments, or if they fail to appear. If the defendant does not show up for all ordered court appearances, it is considered as skipping out on bail. As the co-signer you would be expected to help secure their arrest, or their return to “the bench” to appear before the judge. If you put up personal collateral (in the form of cash or property) realize that, should their bail be forfeited for failure to appear, your collateral could be at risk for the full amount of bail.

The surety bail bond is a performance bond issued by a bail agency, on behalf of the defendant, as a guarantee that the offender will appear in court at the ordered date and time. The defendant pays the agent a fee (no more than the maximum percentage of the bail amount set by government regulation) in exchange for its financial strength to extend surety credit.

The bond company offers a standing security agreement with district court officials to post an irrevocable “blanket” bond, which covers the bail cost if any of their defendants do not appear.  The agreements are verified and certified by insurance companies, and eliminate the need to deposit actual cash or property for each suspect – thereby speeding along the release process.

The surety bail bond is popular in American courts where bail amounts are set higher than the poor can usually afford to pay. Bail agents offer these defendants a way to win their release until trial, allowing them to go home to their jobs and families, as well as to retain counsel and work on their own defense.  Because these suspects are considered innocent until proven guilty in a court of law, excessively high bail without access to surety bail bonds would create a violation of their Habeas Corpus rights.

Obligations of a Co-Signer

Usually a friend or family member is required to co-sign (indemnify) the bond and sometimes to provide collateral in the form of additional cash or property. The indemnitor would additionally be required to assist the agent in locating the defendant if they fail to appear.  The co-signer’s collateral would also be at risk, if the defendant is not able to be located and the bail is forfeited.

If the defendant fails to appear, the bail agency is authorized by the court to locate, arrest and bring their client to the judge’s bench. If the offender cannot be found, or the bail is forfeited, the bonding company will file an insurance claim or pursue the principal or their co-signer to recover its losses.

Why Choose a Surety Bail Bond Instead of Paying Cash?

 Here are a few good reasons you should use a surety bail bond, rather than just paying the bail all cash:

 1.      When paid up front, the court is now sure that it can collect at          least this amount in fines and court costs, based on your    demonstrated “ability to pay.”  Costs are substantially higher when cash bail is paid than when a surety bond is utilized.

2.      The defendant may now have difficulty getting a court appointed      legal defense – because, if you can pay for your bail in cash,          then you can probably also afford a lawyer.  Though it won’t    necessarily disqualify you from having a public defender, you can          count on any bail funds left over from court costs and fines going      to repay your court appointed defense.

3.      In most states, the courts cannot forfeit a surety bail bond for          any reason other than the defendant failing to appear.  If you         pay the bail in cash, and there are other terms or conditions to         the bail order, you may lose your money if any of them are        violated.

Once the bail bond has served its purpose of assuring the defendant’s attendance, the surety is exonerated (and the co-signer is released from their indemnity); this can be when the case is terminated or when the offender is returned to custody.  Much like car insurance payments, a bond premium is not refundable, since it pays the company for taking the risk that you will perform in accordance with the bail obligation. 

When your friend or loved one’s freedom is on the line, how do you choose between the hundreds of phone numbers glaring out at you from the phone book or Internet search results? Who you ultimately choose could make the bail experience an even larger nightmare for you and your family. Hopefully you will select a company that can offer competent assistance, affordability and compassion to decrease the stress of the situation in which you’ve found yourself.

Is the Bail Bond office convenient to you?

Proximity to the jails, as well as to your home location, can be an important factor when choosing a bond agent. Bail Hotline maintains over 25 offices in California, reaching from San Diego to San Francisco and inland from Indio to Victorville – and if you cannot make it to our office, we will come to you. A local bondsman knows the jails, the staff and all the details to help get a release as rapidly as possible.

How quickly can the bail be posted?

If a bond agency is organized and experienced, they will have a sure-fire system in place to get as early a release as possible for your friend or loved one. A good bail agent is going to be available any time of day or night, since an arrest can happen at any time. Bail Hotline is open 24/7 throughout the year, making certain you can reach a dedicated bail agent right when you need them.

Is the Bond Agency licensed in California?

A quick check to the Department of Insurance, by which bail agents are licensed, will verify whether or not your chosen bail agent can legally post your bail in California.

Does the Bond Agent offer payment plans?

Bailing a friend or loved one out of jail isn’t something you plan for. And coming up with 10-15% of the total bond amount set by a judge can be as out of reach as the moon for many folks. Payment options are an important feature – one that Bail Hotline offers and can tailor to meet your specific needs.

Does the Bond Agent have any reduced premium rates?

Some bail agents always charge the standard premium for bail bonds; in California that rate is 10%, and 15% for specialty bail such as a federal bond. At Bail Hotline, we can also provide bail services at the reduced premium rate of eight percent for clients meeting particular requirements; you must be either active military or a union member, or have retained a private defense attorney.

Wouldn’t you go to the best Bond Agent if you could afford it?

With most professional services, you pay according to experience, credentials and reputation – usually substantially more for the top in their field. The Bail Bond industry is one in which you should have the best every time – because premiums for standard bail bonds are set at 10% by the government. Unfortunately this standard also means that even a just-licensed bond agency is paid the same, so be sure to ask how long they have been in business. At Bail Hotline, we bring not only a decade of experience to the table, but also a family commitment to the highest standards of integrity, reliability and service to our customers.

“You’re under arrest,” isn’t something anyone wants to hear, whether or not you are innocent.  Though for the most part we want our justice system to move swiftly, there are times when it’s a little too fast for comfort.  If you’ve been arrested, for whatever reason, your number one priority is getting released as quickly as possible!  Finding representation quickly and having a bondsman on tap can be your lifeline to an otherwise terrifying experience.

Setting the Bail

At your hearing, after you enter a plea, you could be released on your own recognizance (ROR) until your court date.  Depending on the charges, and severity of the alleged crime, another choice is that the Judge will set bail.  If you have the cash to post the bond yourself, it saves you the bond fee and you will get the entire amount back on your court date after you appear.  Without the necessary funds on hand the easiest “get out of jail card” is for you or a friend or family member to contact a bail bondsman.

How Bail Bonds Work?

Benefits of Posting Bond

If bail is set and you cannot pay, you will absolutely be detained until your day in court.  If bail is posted and you are released, you gain the opportunity to meet with and acquire an attorney of your choice and means.  Not only is it a tremendous relief of stress for you but also for your family.  Release means you can return to your home and, more importantly, get back to work; losing income on top of sitting in a jail cell can be emotionally and financially devastating.  Though the premium for a bond is 10% of the total bail, it is a small price to pay for your freedom – not to mention the relief that can come from having a professional who knows the ropes handling your release.

What the Bondsman Needs to Know

Whether you are calling a bondsman from jail, or have asked a friend or family member to do so, be prepared to answer several key questions; where exactly you are being held, how long you have lived at your current address, where you are employed, what the charges are and when you were arrested.  For the co-signer, the bail agency will need to know how long they have known you, are they working (and how long at their current employer), and do they own a home or property.

Indemnifying the Bond

Usually a co-signer is needed to guarantee the bond.  By arranging the bond for a defendant and signing the paperwork, your co-signer would become liable for you appearing in court as directed; meaning they would be responsible to pay the full amount of the bond if you failed to appear for any reason.

Usually collateral must be given to ensure the entire bond amount can actually be paid if necessary.  Collateral is anything of value and may be in the form of additional cash, property, jewelry, etc.  The collateral is returned after complete resolution of the case and all premiums due are paid – generally upon discharge or exoneration of the bond.

How Much Time Does it Take for Defendant’s Release?

Bond paperwork may take as little as an hour, and your release can be anywhere from 30 minutes to 48 hours; the times vary from jail to jail and state to state.  If you’re using a bail bondsman, it’s a pretty safe bet your release will be as fast as it can possibly be accomplished.

Failure to Appear

If you do not appear in court on the date and time instructed, you are considered a fugitive and a bench warrant will be issued.  A bench warrant is a type of arrest warrant issued by the court when someone fails to comply with a court order or requirement.  It literally gives law enforcement the authority to pick you up, and bring you before the judge’s bench to respond to the charges.  If you obtained your release via a bondsman, the bail agency is usually given authorization to arrest you and will enlist the help of your co-signer in doing so.

Bail is a form of surety deposited with a court in exchange for releasing a suspect from incarceration – with the assurance that this suspect will appear for their trial date. If they should fail to appear, the bail is forfeited and additional charges can be brought against the defendant, whether or not they are found guilty of the charges for which they were accused. When a bail bondsman is used to post bail, the fee paid is not refundable as it is the fee for a purchased insurance on the suspect.

Early American Ideals

Bail laws in the United States were originally based upon English law. A few of the new colonies automatically guaranteed bail for detained suspects; once the Declaration of Independence was born in 1776, the rest of America’s colonies enacted bail laws of their own. The Constitution’s 6th Amendment requires that a detainee must “be informed of the nature and cause of the accusation,” allowing the suspect to demand bail if they are accused of a “bailable” offense. The Judiciary Act, passed by Congress in 1789, specified the kinds of criminal acts which were bailable (non-capital offenses) and established new criteria for judicial “discretionary boundaries” in setting a suspect’s bail.

The Bail Reform Act of 1966 stated that a “non-capital defendant is to be released, pending trial, on his personal recognizance or on personal bond” unless the judge ruled those incentives would not reasonably assure the subject’s trial appearance. The judge then had to choose an alternate bail from a conditions list, such as travel restrictions. In the case of non-capital charges, this Act did not allow the judge to take a suspect’s danger to his community into consideration. It did allow that a judge consider such danger in a capital case or after conviction.

Current Bail Guidelines

In 1984 our Federal Law replaced the Bail Reform Act of 1966, and allowed pre-trial detention of suspects based upon their possible danger to the community (prior bail statutes had only determined bail according to the detainee’s risk of flight). The current bail law is codified at United States Code, Title 18, Sections 3141-3150, see: http://www.law.cornell.edu/uscode/text/18/part-II/chapter-207.

Though individual states vary as to the intricacies of bail law, usually a suspect charged in a non-capital crime is presumed to be bailable. Some states have adopted laws similar to Federal law; i.e. permitting pretrial detention when a suspect is charged with serious or violent crimes, and they are demonstrated to be a flight risk or danger to their community.

Modern bail bond businesses are rooted in the system first established by Peter P. and Tom McDonough in San Francisco in 1898. Pete was a colorful character, who spent 8 months in the Alameda County Jail for bootlegging, eventually seeking a pardon from Calvin Coolidge. Throughout the years, Pete McDonough developed a tight network with outlying police precincts, and was able to quickly convince judges to sign an order of release for his clients.

Learn more about Bail Bonds.

If you or a loved one has been arrested, then a judge will determine how much your bail will be. But once that is done, how do you post bail? This video from Howcast.com explains.

The cheapest and quickest way to post bail is to pay the court in cash. This money will be returned to you when the case is over. But if you don’t have the cash, then you need to contact a company that supplies bail bonds. Many will charge you 10% of the bail amount, but they will then pay the full bail amount to the court. However, the 10% fee is a payment, so you won’t always get it back.

Some bondsmen may require some collateral or require a friend to co-sign a bail contract. But as long as you show up in court when you are required to, the property will be returned to you.

Here at Bail Hotline, we’ll work closely with you to come up with the payment plan that suits you. Collateral is not always required, and you may be eligible for a lower premium. Contact us today for more information.  (888) GET-BAIL