Frequently Asked Questions About Bail Bonds – FAQs
There are so many questions when a person gets arrested. Our licensed agents will provide you with all the necessary answers. Please call us toll free at 888-592-6637 for all your bail questions.
A bail bond is a financial guarantee to the courts. A person who’s been arrested may be held in jail until trial, unless bail is posted. This is where a professional bail agency can help. The agency posting bail for its client is ensuring to the courts that the defendant will show up to the court on the days required. A bail bond is called a Surety Bond. An insurance company provides a licensed agent, like those at Access Bail Bonds, a bond that can be posted to the jail or the court for the release of the defendant. The bond is a guarantee that the defendant will appear in court each and every time he or she is ordered to do so.• How does Bail Work?
Once a person is arrested and booked by the arresting agency, a bail amount is set for that specific crime. Each county has different bail limit amounts and the final bail amount is set by the judges for that county. If the cosigners meet the qualifications set in place by the bond agent, such as Access Bail Bonds, the bond gets posted and the defendant is released from custody.
• What do I need to get someone out of custody?
Contact a professional bondsman to determine the status and location of your friend or loved one. Depending on where in Southern California this person has been arrested, the jail process may vary, and it’s important for your bond agency to have an intimate understanding of the local jails so it knows how much time your friend or loved one has in any one location. At Access Bail Bonds, we’ve been serving the Riverside area for more than 20 years, and know the process for each jail in the region. Posting bail is not difficult, in fact it is faily easy with Access Bail Bonds at your side. The cosigner must provide a driver’s license, military I.D (provided they don’t have a driver’s license), proof of employment (usually a pay check stub) and verification of residence (usually a utility bill).
• How long does it take to do the paperwork?
It usually takes about 20 minutes to process all of the paperwork for a bail bond.
• How long does it take for the accused person to get released from jail?
Each county is different. If someone you know is booked in jail, normal time for release after a bail bond has been posted is three to seven hours. Release times from city jails differ but are generally much quicker. Other factors may increase time in jail, including short staffing or large number of defendants being processed .If you are being released from a city jail, it can take 30 minutes to an hour. A county jail takes a little longer, in fact it can take up to 4 hours to get released. It just depends on how busy the jail is as well as other circumstances.
• How much does a Bail Bond Cost?
Bail is regulated by the State of California and the Department of Insurance. The premium for a bail bond is 10% of the full bail amount (for example, a $10,000 bond would require a $1,000 payment). However, the premium can be as low as 8% based on certain factors that include bail amount and collateral secured. Access Bail Bonds takes credit cards and also offers very flexible payment plans. And we never charge an annual premium, no matter how long the case is open.The cost of bail is generally standard, at 10%. Access Bail Bonds offers 8% bail, although certain conditions apply. Each insurance company has different rates, so make sure you get this information at the beginning of your bail bond process.
• Do I get any Money back?
No. Once the bail bond is posted and the defendant is released from custody, the bail bond company has do the work requested to get the accused out of custody and the bail bond company will retain the bail bond fee you paid (8-10% of the set bail amount) as their earned fee. The defendant can be out on an Access Bail Bond bail bond for up to 2 years, while other companies only offer a one year bond.
• Can I do Cash Bail instead of a Bail Bond?
Yes you can. If you would like to post a cash bail bond, you would have to post the full amount of the bond. That can be done in either cash or cashier’s check. It is posted directly to the jail or the court house. You get that money back once the case is over. This may take quite some time depending on the case, and of course you will not have a bail bond professional to guide you through the process.
• Do you offer Payments?
Yes we do. Sometimes the bail that is set can be very high making it hard for the cosigner to come up with the bail bond premium. Access Bail Bonds will work out an affordable payment plan that you can afford. Our bail bond payment plans can be negotiated to fit your monthly budget. We will not arrange a monthly payment plan that does not make sense to your financial situation. We will work with you to create a payment plan that will work. Access Bail Bonds takes Visa, MasterCard, American Express, Discover, personal checks or cash. We would be happy to discuss a payment arrangement that works with your budget
• Do you offer any Discounts?
Yes we do. Access Bail Bonds will offer a 20% discount to those who qualify.
• Current members of the military
• Home owners
• Union Members
• Customers who retain a private attorney
• Can you check to see if I have a warrant for my arrest?
Yes we can. There are several ways Access Bail Bonds, or another licensed agent can check to see if you have an outstanding warrant for your arrest. Once we have determined your warrant amount, we can then post a bail bond. We can post the bail bond directly with the court, that way you will not have to go into custody. Once we post the bond, your warrant will be recalled. We will also set a new court date for you.
• Will I get put back in jail if I missed my Court Date?
If the defendant fails to appear in court, for whatever reason, the judge will forfeit the bail bond and the bail agency will be notified. Often times this happens because of miscommunication between the defendant and their attorney, a court clerk mistake or the defendant simply forgot about their court date. This only requires the defendant to return to court in the near future with a letter from the bail bond agency indicating the agency agrees to allow the defendant to remain out on bail. This letter, or “motion”, is called a “Reassumption of Liability”. Most bail agencies will charge a $100 fee or more to allow you to stay out on bail.
• Do I need to put my Home up?
Not usually. Access Bail Bonds write mostly signature bonds. The only time a person is asked to put their home up, is usually when it’s an extremely high bond or a high risk bond. Access Bail Bonds takes Visa, MasterCard, American Express, Discover, personal checks or cash. We would be happy to discuss a payment arrangement that works with your budget.
• Do I need a Lawyer?
There are several things to consider whether or not to hire an attorney. No one, not a bail bondsman or anyone other than a legal professional should tell a defendant what to do with their situation because there are many things to consider, and everything has a legal repercussion. Some things that are taken into consideration by legal professionals when assessing your situation are:
• How bad is the crime
• How big was the bond
• Are you charged with a felony or misdemeanor
• Do you have any priors
• Do you have any strikes
• Have you ever been to prison
• Do you have a job to protect
• Do you have a family to take care of
• Will you get kicked out of school
• Unless you have a degree in criminal law, you may want to consider hiring an attorney. If it’s just not in your financial budget, the court will provide you with a public defender. A public defender is a court appointed attorney, who will make sure your rights are not violated. The public defender is there to get you the best possible deal.
• Can I post a bond right in court?
Yes you can. As long as there is a warrant, the bail bond can be posted directly with the court. The warrant will then be recalled and a new court date will be set.
• What are my responsibilities as a defendant?
The defendant’s responsibilities are to make sure you appear in court each and every time the court orders you to do so. Be on time and follow all rules. If a payment plan is arranged, make sure your payments are made on time every month. Do not get rearrested while out on bail.
• What are the Benefits of bailing someone out of Jail?
There are many reasons why a person should consider bailing someone out of jail.
• If the defendant has a good job
• If the defendant has to go to school
• If the defendant has a family to take care of
• If the defendant would like to hire private counsel
• Can I get O.R?
Yes. It is the discrepancy of the court whether to release the defendant on his own recognizance. This is usually done with infractions or misdemeanors. No bond is required.
• Can I get Cite Released?
Most cite releases are often rendered when it involves a traffic citation. Sometimes a person will commit a minor infraction, and then a citation is issued. You sign the citation with a promise to appear with an appointed court date. If you fail to appear at the issued court date, a warrant will be issued.
THE DIFFERENCE BETWEEN A PRIVATE LAWYER AND PUBLIC DEFENDER
A public defender is a government employee who is generally paid much lower than those in the private sector.
A public defender generally has overwhelming caseloads. They handle as many as 100 to 200 cases at a time. As result of this caseload, public defenders are seriously overworked and underpaid compared to private attorneys. Most public defenders are rarely able to provide a significant amount of client face time. Public Defenders often meet with clients and review their cases just minutes before the client is due to enter a plea. Generally this is not enough time to get a very good sense of who their client is, thus, potentially preventing the lawyer from obtaining information that may be very important in formulating a defense. This could also lead to the PD missing small but crucial details about a case that a more thorough investigation would reveal. You do not get to choose your attorney. You have to accept the defender (court appointed attorney) assigned to you, unless you have a very good reason not to. If you simply do not like your assigned attorney, or don’t feel they have your best interest at heart, tough luck.A private attorney can make all the difference when it comes to the amount of jail time you may receive or other punishments. An experienced attorney can find loop holes in the case, he can also get the charges reduced. He can also get the bail amount reduced. It can be the difference between house arrest or prison. Private attorneys thrive based on their reputation and if they are not meeting their clients’ needs and expectations, they can be fired. Less cases means more time spent on each individual case. Most private attorneys typically handle about 10 to 50 cases at a time. Since this is a far more manageable caseload than a public defender’s typical caseload, this will usually allow your attorney of choice to conduct a far more thorough analysis and do additional investigative work on your case. This is key when it comes to finding holes in the prosecution’s case against you which can in turn be used to get the case dismissed entirely or at least have some of the charges dropped or reduced. Most private attorneys have more resources at their disposal. Private attorneys usually have an existing network of private investigators, expert witnesses, private chemical testing laboratories, associate lawyers and paralegals that they can draw upon to do further work on your case. With a public defender, frequently, the only time you get to consult with them is in court, normally a few minutes before your appearance. With a private attorney, you can consult with them at their office and over the phone
You can fire a private attorney. If you are not happy with the way the attorney is handling your case – maybe they never return your calls, or you have been passed off to a lower level associate when it was your understanding a partner would be handling your case – you can simply fire them and move on to the next attorney. Most attorneys will give you a consultation for free. An honest attorney will make no guarantees about your case, but he can give you some good legal advice. Once the attorney appears in court on your first date, he or she will at that time be able to review the police reports. The attorney will then be able to determine what the best thing to do on your case.
WHAT HAPPENS WHEN COLLATERAL IS USED
• Do I need to use Collateral for a Bail Bond?
Not usually. Access Bail Bonds can negotiate your bond using your signature. These are called signature bonds. Most of our customers are eligible for the bonds.
• What types of Collateral is used if needed?
If collateral is needed, we accept pink slips to vehicles and trust deeds. A trust deed is only a lien on the property for the amount of the bond.
• When do I get my Collateral back?
Once the case is over with, meaning the defendant is sentenced. The court will exonerate your bond at that time. Access Bail Bonds will receive exoneration from the court letting us know the case is over with. At that time we will return the collateral back to the person who put it up, and only to that person.
• What happens if I use my Home for Collateral?
If a trust deed was used for collateral, Access Bail Bonds will receive exoneration from the court house. The exoneration is a letter letting us know the case is over with. We will give you a full re-conveyance, the re-conveyance can be filed with the county recorders. The lien will then be removed that same day.
COSIGNERS BAIL BOND RESPONSIBILITIES
• What are my responsibilities if I bail somebody out of jail?
It is the responsibility of the cosigner to make sure the defendant appears in court. You are responsible for the full amount of the bond and any payment arrangements that have been made. You are also responsible for any costs occur during the bail period if the defendant cannot pay.
• What happens if the defendant misses his Court Date?
The defendant will need to make arrangements with the court or his or her attorney to get the bond reinstated and warrant recalled. This is done by the bail bonds agency issuing a Reinstatement. This should be done immediately.
• Will I lose my Collateral if defendant misses his Court Date?
No. Once the defendant make arrangements and reappears in court, the warrant or failure to appear will be recalled.
• When will my responsibilities be over?
As the cosigner, your responsibilities will be completed once the defendant is sentenced. Sentencing can have a number of results:
• You could be sentenced to probation
• You could be sentenced to house arrest
• You could be sentenced to Weekends in jail
• You could be sentenced to Summary probation
• You could be levied Fines
• You could be required to take Classes and be levied fines
• You could be sentenced to jailtTime
IF YOU ARE ARRESTED, WHAT HAPPENS?
HOW DOES THE ARREST PROCESS WORK & WHAT CAN THE BAIL BONDSMAN DO FOR ME?
When a person gets arrested, he or she is taken into custody and booked. The jail runs your name through NCIC, to make sure you the defendant in custody does not have any outstanding warrant. This is a nationwide data base. Bail is normally set according to the crime. At that time either you can make arrangements with a licensed bail bondsman, like Access Bail Bonds, to post bail or you can go through the bail bond process on your own. Defendants may also be released on their own recognized. The booking process and release can take hours. It also depends if the defendant is be held at a city jail or county jail.
Once the amount of the bond has been determined, A licensed agent, like those at Access Bail Bonds, will then be able to post a bond. A bail bond (also known as a surety bond) guarantees the court that the defendant will appear in court. The bail bondsman is usually contacted by the family to arrange a bail bond. Most bail bonds are negotiated over the phone and within minutes it you should have approval. A bond is then posted immediately to start the release process.
WHAT KIND OF BOND IS USED?
It is called a surety bond. A surety bond (bail bond) is a contractual obligation made by the cosigner and defendant for the appearance in court.
WHAT ARE THE PROCEDURES FOR BAILING SOMEONE OUT OF JAIL?
• Contact a licensed bail bond agent.
• Make arrangements and negotiate a bail bond.
• Meet with the bail agent to sign the necessary paperwork or fax paperwork.
• Bail will then get posted and defendant will get released from custody.
WHAT KIND OF INFORMATION DOES THE PERSON NEED BEFORE CALLING THE BAIL BONDSMAN?
Normally the name and date of birth of the person in custody. Where they are in custody and their booking number, if you have this information. If you do not have this information, an Access Bail Bond agent can assist you in locating it.
HOW MUCH WILL WE HAVE TO PAY TO BAIL SOMEONE OUT OF JAIL?
Bail is regulated by the State of California and the Department of Insurance at the rate of 10%. Access Bail Bonds offer a rate of 8%, conditions do apply. We offer a 20% discount to:
• Home Owners
• Union Members
• Retain Private Attorney
We offer affordable payment plans that you can afford.
WHAT HAPPENS IF THE DEFENDANT IS NOT BAILed OUT? WILL HE LOSE HIS JOB?
If the defendant is not bailed out, he will stay in custody throughout the entire court process. Not knowing how long that can be, could quite likely create a hardship for the defendants employer. If the defendant has a job and is not bailed out, there is a good possibility that he or she could lose their job.
CAN YOU PROVIDE FAST SERVICE TO ANY JAIL IN CALIFORNIA?
Yes we can. Acccess Bail Bonds can provide fast bail bond service anywhere, anytime, at any jail throughout California. We have licensed bail agents all over California that can have the bond posted immediately.
WHAT IS MY RESPONSIBILITY IF I SIGN FOR SOMEONE TO GET OUT OF CUSTODY?
When you sign for someone to get released from custody, you are assuming the responsibility to make sure the defendant makes every court appearance. If the defendant fails to appear, it is your responsibility to bring the defendant into our office for reinstatement. This must happen immediately. If you fail to do so, the bond will go into summary judgment. You will then be responsible for the full amount of the bond.
WHAT DOES IT MEAN WHEN I GUARANTEE A BAIL BOND?
You responsibility is a contractual obligation to the bail bond company and the court. You guarantee the defendant will abide by all laws while out on bail and guarantee the defendant will make every court appearance. You are essentially giving your word (and the financial backing) to the court that the defendant will do what they are supposed to do in there case.
WHAT IS THE BAIL AGENTS ROLL IN THIS WHOLE PROCESS?
Access Bail Bonds, or the licensed bail agent’s role in this whole process is to answer all and any questions you may have. Make sure all required documents are signed and make sure the bond gets posted immediately. The bail agent should always keep in touch with the jail after the bond has been posted. The bail agent will also keep in touch with the cosigners until the defendant is released from custody.
WHAT HAPPENS IF THE DEFENDANT IS IN THE HOSPITAL AND CANNOT MAKE IT TO COURT?
If this should happen, you will need to provide the court or you attorney with the necessary documents proving your hospitalization. The attorney will then provide a copy to the court and the district attorney so that the will be not warrant issued. They will then set a new court date.
IF IT’S OUR FIRST TIME BAILING SOMEONE OUT, CAN WE COME TO YOUR OFFICE AND MEET YOU PERSONALLY?
Yes, we actually recommended that you come to our office. We understand that posting a bail bond for your loved one can be scary, and often family members would like to meet our agents. This way the agent can get to know the family and the family will feel a little more comfortable when signing the paperwork and paying the premium.
CALIFORNIA BAIL BOND FEES & COST
BAIL BONDS FEES ARE REGULATED BY THE STATE OF CALIFORNIA
Bail Bond rate is not negotiable. It is regulated by the State Of California and the Department of Insurance. However, Access Bail Bonds can offer a 20% discount, the rate is 8%. While most companies can only offer the standard rate of 10%. Each insurance company offers different rates. Access Bail Bonds offer an 8% rate and we also offer affordable payment plans.
HOW CHEAP CAN A BAIL BOND GO?
It is illegal to go below the regulated amount given by your insurance company. The standard rate is 10%, however Access Bail Bonds offers a rate of 8% (conditions apply)
PAYMENT & FINANCING ARE AVAILABLE
We offer affordable payment plans and Interest free payment plans. Every payment plan is adjusted to your needs and much you can afford. We do not charge any fee for financing. Access Bail Bonds takes Visa, MasterCard, American Express, Discover, personal checks or cash. We would be happy to discuss a payment arrangement that works with your budget.
WE OFFER A VARIETY OF PAYMENT PLANS
The most common payment plan we offer is the 4% down. The balance of the remaining 4% is made in monthly installments. This is our 8% Bail Bond, conditions apply.
BAIL BOND PAYMENT OPTIONS
Payments can be make using visa, master card, discover, check, cash or debit card.
BAIL BOND FINANCING AND PAYMENT PLANS
We offer interest free financing and payment plans. Payments are usually made every month which is agreed upon during the initial bond process of how much the defendant can afford. As well as the cosigner, the cosigner is responsible for the payment if the defendant can’t afford to pay it. There are several ways of paying your monthly installments.
• Pay by sending a check in every month
• Payment by recurring debit every month from your checking account, credit card or debit card
• Payment by bringing in cash to the office
• Payment by money order
• Payment by cashiers check
• Payment by Post Office money order
HOW DO I QUALIFY FOR FINANCING?
There are several things we consider when financing bail bond premium. We will primarily use your credit score and how long you have been at your job. Most of our clients qualify for our interest free financing.
NO COLLATERAL BAIL BONDS
WHAT IS COLLATERAL?
Collateral is something worth of value. For example, a home (trust deed) or a vehicle. Most of our bonds are written with no collateral. This is a signature bond, your signature is all you need. We find that most of our customers meet the requirements for a signature bond.
DO I NEED COLLATERAL?
Not usually, most of our bonds are written with just your signature. If the bond is high, we may require more than one signature. A signature bond is signed by the cosigners and is a guarantee that the defendant makes every court appearance that he or she is required by law.
WHEN DOES THE COLLATERAL GET RETURNED?
Once the case is over, meaning the defendant gets sentenced. The court will contact us by sending us exoneration. This means the case is over. The collateral gets returned to the person who put it up. By law, we can only return to the person who signed.
HOW MUCH IS BAIL BONDS
DO YOU OFFER ANY DISCOUNTS?
Yes we offer a 20% discount (conditions apply). We find that most of our customers qualify -for this discount.
Please call Access Bail Bonds for the details and find out how to qualify for the discount at 1-888-592-6637
HOW MUCH CAN I PUT DOWN IF I DON’T HAVE THE FULL AMOUNT?
4% is a legal amount allowed by our insurance company if you qualify for our 8% bail. The remaining 4% can be paid over a period of time. We will set up a monthly affordable payment plan. Our 8% bail is regulated and approved by our insurance company. Conditions apply. Please call Access Bail Bonds for details 1-888-592-6637.
BAIL BOND CUSTOMER BILL OF RIGHTS
All customers have the right to have the bail process explained to them.
All customers have the right to know what a cosigner is and what their responsibilities are.
All customers have the right to know what the bail fees are.
All customers have the right to receive a copy of all paperwork that they signed relating to their bond.
Defendants are entitled to know what they are arrested for.
Defendants are entitled to make a phone call after being arrested and booked.
Defendants are entitled to have their property returned to them after being released from custody.
Defendants are entitled to a public defender if they cannot afford a private attorney.
Defendants are entitled to a fair and speedy trial
Defendants are innocent until proven guilty.