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How Bail Works
Bail Bonds are legal instruments recognized by the courts used to obtain the release of an individual from jail. It is a simple, paper instrument presented to the jailer for the release of the detained person.
Most believe the bonding company gives the court money for the total bail amount. Instead, each bail bond is a legal piece of paper, has a prescribed face value that must correspond to the set bail amount. The bail bond must contain the defendant’s name, the court room, time and date, and the charges written in the appropriate sections. The jailer will not accept a bond incorrectly filled out, or marked out.
If the person does not show up for court and forfeiture occurs, the court signals the bail company and the surety insurance company of this incident. Therefore, bail bonds work best when the trust-to-risk ratio remains constant.
What is a trust-to-risk ratio?
Writing a bail bond is defined as “an undertaking of risk” for all parties concerned; the individual, the signers or indemnitors, and the bail bond company, which is authorized by an insurance (surety) company to operate as a bail company. Bail is a shared risk of responsibility and is a two-part issue.
There is a high risk of trust delegated to the bailed person will must appear in court.
The second risk is the possibility of forfeiture of the bail bond. All bail bond companies understand and work within the parameters of these risks.
To reduce risks the bailbond company will ask for collateral to ensure the risk is minimized. The amount of collateral depends on the size of bail bond, the type of charge or a person’s prior record, if any. Bail works best when trust is shared on all levels. The courts believe this idea, which is demonstrated in their willingness to substitute a bail bond primarily on the defendant’s solemn promise to appear in court.
What happens if the trust is broken?
If the court’s trust is violated by a failure to appear, then forfeiture happens. The signers and the bail company must work together to stop the risk of paying the court for the forfeiture. When risk outweighs trust, other factors are introduced to bring those ratios back in line, such as the need for or an increase in collateral for a bail bond.
What is collateral and what forms of collateral will Biker Bail Bonds accept?
Collateral is defined as security; something having value pledged to guarantee a loan, such as a bailbond, in case payment to the court is necessary. Acme accepts many forms of collateral. It may include more signers, or additional monies pledged. A trust deed against a home is common, especially when high bail is present, or the defendant has a record of non-appearances in court. Collateral provides a level of trust and security to the bail bond company. Collateral can be negotiated and pledged for a bail bond, such as brokerage accounts, or annuities.
What is a surety bail bonds?
A bail bond is sometimes called a surety bail bond, because a bail bond is indemnified by an insurance or surety company. A bail bond company, as well as each bail surety, is regulated by the California Department of Insurance. This ensures the public trust is not violated and all fiduciary responsibilities are met by each bail bond company.
Did you know?
Did you know that once a person has obtained bail, the jailer does not retain physical custody of that person? But did you know the bail bond company now has ultimate jurisdiction over the individual? With the transfer of custody, the bail company imposes certain terms of release found in our Indemnity Agreement, such as noted in the following section: ELEVENTH: In making application for Bail Bond, each of us warrants all statements made by him or her on this application to be true, and we agree to advise Second Party or Surety of any change, including but not limited to change of address or employment of either the Principal or of any of the First Party, or any other material change in circumstances, within forty-eight (48) hours after knowledge such change shall have occurred, and the First Party agrees that any failure to so notify shall be reasonable cause for the immediate surrender of the Principal.