How Can I Be Removed From a Bail Bond?

This question comes from Yahoo! Answers where we will answer bail questions frequently.  Our answer was selected as the “Best Answer” by Yahoo! voters.

Question: I signed for someone to be bailed out of jail and now I want to be removed ASAP.  Is this possible?

Answer: The bail bond contract you signed is legally binding. These contracts are required not only by the bondsman and the insurance company backing the bondsman, and also by the California Department of Insurance, the state agency that regulates bail bonds. Not many bail bonds agencies would want to remove you from the contract.

Finding someone else to take responsibility may be a possibility, but Read more »

Does a Bondsman Keep His Fee if the Person Remains in Custody?

Another question from Yahoo! Answers.  This is another one of our answers voted “Best Answer” by Yahoo voters.

Question: I contracted with a bail bondsman, but the person was in custody the whole time again.  Do I still have to pay?

Answer: Once the defendant has been released from custody, the bail bondsman has earned their fee by California bail law. Therefore, if they were released and arrested again or they were released and found guilty in court, you still pay.

If the person was NOT released at all, Read more »

Is it Possible to be Taken Off of a Bail Bond?

This question comes from Yahoo! Answers, where we frequently answer bail related questions.

Question: I was arrested for a DUI and had an old warrant for another one. I was booked into a California jail and was sent to the release tank and to be cited out.  The bail bond company I used knew this and waited until 20 minutes before I was going to cited out to post the bond. Now I paid $1,500 for no reason. The Commanding Officer at the jail even asked why did I have a bond posted if I knew that I was going to be cited out. Now I want to get off of  bail completely before my court date. What can I do?

Answer: That’s a very interesting situation and I am sorry to hear that you are dealing with what sounds much like an unethical bail bonds company — but there may be another possibility. In my experience as a California bondsman, a jailer will not take a bail bond for a DUI if the person in custody is going to be “OR’d” (Released on Own Recognizance) or “cited out“.

In most jurisdictions first offense DUIs are Read more »

Finding The Right Bail Bondsman

The words “bail bondsman” may conjure images of gritty, smoke-filled offices staffed with shady characters. The reality, however, is quite the opposite. The majority of bondsmen are respectable, family-oriented individuals who work hard for people caught in an often unexpected situation.

A bondsman, more accurately known as a “bail agent,” is licensed in the state California to provide services to individuals who have been arrested with criminal charges so that the individual can get out of jail while waiting to see a judge. The bondsman will Read more »

Can A Bail Bond Be Revoked for No Reason?

Another question from Yahoo! Answers, where we often answer bail related questions.

Question: Can a bail bondsman revoke my bond for no reason? My sister used a bail bondsman for herself then bailed me out of jail with the same guy. Well, my sister owes him money for her bond. I have done nothing to have my bond revoked.

The bondsman called me this morning and says if I don’t find my sister, he will revoke my bond & take me to jail. Can he do this? There is no reason to revoke my bond! I dont owe him money and haven’t gotten into any trouble. Can he legally put me into hand cuffs and arrest me? And, can he revoke my bond for no reason on my part?

Answer:

In California, a bondsman cannot revoke a bail bond simply because it wasn’t paid.  However, a bondsman can revoke a bail bond for many reasons and many of which may not seem like probable cause to the defendant.

Bail bond regulations vary from state-to-state, you are best to Read more »

Will I Get My Premium Back From My Bail Bondman?

 Answer: That’s a great question — one that we hear often as a bondsmen, both from our clients and others.

First, you should be aware that in California the bail industry is regulated by the California Department of Insurance.  Other states have different regulatory bodies, but all states that offer bail have regulation. In California, by law, you do not get the bail premium back after the case is complete. In order to get bail money back after trial, you need to give the full bail amount to the court.

Do I Have to Pay the Bail Bondsman?

Today’s question comes from Yahoo! Answers, where we answer bail related questions on a regular basis: What happens if I sign an agreement with a bail bondsman to post bail for someone who is in jail, but I have not yet paid the fee?

Answer: Your question is a bit vague, but let me see if I can answer it. Based on my understanding of your question, you bailed someone out who is back in jail, but you haven’t paid the bondsman. Assuming that’s correct, you still need to pay the bondsman.

Posting bail for someone is an important decision. By signing the agreement with the bail bondsman, you have agreed that to the fee.  However, if the person was never released, then you owe nothing.

You should be aware that regulations vary from state-to-state. In California, a bondsman’s fee is fully earned when the bond is posted and the defendant is released. It doesn’t matter if no charges are filed, the defendant is guilty or innocent — or they get re-arrested.

How To Get Someone Released From Jail Using Bail Bonds

The Arrest

Once someone has been arrested and has gone through the booking and processing procedures, they should then be allowed to make a phone call. Generally, they will call call a friend or family member.  The person who was contacted usually then needs to to call a bail bondsman to arrange for release of the defendant from jail. 

When the defendant contacts a family member or friend, they ideally will provide the following information: full legal name, social security number, date of birth, the arrestung agency (police, sheriff, highway patrol, etc.), why in general they were arrested and the jail where they are being held. If they can provide their booking number and their bail amount, this will also help to make the bailing out process proceed faster.  All of this information is needed for the bondsman to get the defendant released as quickly as possible. If you do not have it available, a reputable bondsman will be able to obtain necessary information from the jail.

A Bondsman May Not Help

You might be surprised to find there are some instances where a bail bonds company may decline to take the case. While there are many contributing factors for a bondsman not to take the case, most often it is due to the amount of the risk involved in the bond.  In addition to the ability of someone to pay for the bond, the bondsman will want to feel secure that the defendant will return to court as promised.  

Bail Contract & Responsibilities

When the bond is posted by a family member or friend, they are entering into a contract with the bail bondsman. The purpose of the bail bond contract is to guarantee, to both the bail agent and the court, that the defendant will show up to their future court dates as expected.

Before anyone signs the contract, the bail bondsman will make sure the co-signer understands the commitment they are guaranteeing, and an ethical bondsman will not sign until it is fully understood. The bail bondsman needs to make sure the co-signer knows that if the defendant does not show up, he or she will be responsible for the full bond amount.

No Collateral Bail Bonds

The need for collateral depends on the bail amount and the risk involved. Sometimes just a simple signature on the bail bond is all that is required, while other times the use of a property or collateral bail bond will be needed. Some bail companies who only require a signature may request that the cosigner live in the area, own a home in the area or work in the area.  If a no collateral bail bond is important to you, make certain you are dealing with a bondsman that offers this.

Release From Jail

After the bail bond has been signed, the bail bondsman will post the bond to securely release the defendant from jail. Tthe defendant’s responsibility is then to show up to his or her scheduled court date. Assuming that happens, the bail bond is “exonerated” and no further contact is needed with the bondsman.

How Do Bail Bondsmen Make Money

In order to best understand how bondsmen make money, you have to first understane how bail bonds work. (Follow that link if you’re unfamiliar. There’s even a video there should you be interested.)

So, now you know that bondsmen in California basically charge 10% of a full bail amount as a fee to get someone out of jail. According to certain court experts, 8 out of 10 defendants Read more »

What Exactly Does a Bail Bondsman Do?

A bail bondsman’s responsibilities include answering phones and answering questions from family members and friends of the defendant. On most occasions, bail agents will meet with the families involved, or friends, and complete the bail bond process so that bail can be posted immediately. When bail bondsmen aren’t answering telephones, their keeping up with clients appearances in court as well as the progress of their cases.  Often, a bondsman will deal with attorneys and the court system regarding these issues and a lot of the time, they are able to stop problems or errors before they occur, usually due to a lack of communication.

People, who have experience with a bondsman, probably see a much different view than the rest. Bondsmen are trusted advisers in a sense that can help people who are in trouble and provide them with a legitimate and financially feasible way of getting out of jail. Basically, a bail agent runs a sales environment and needs to uphold service to their customers in order to properly run a good business.

Over time and with perpetual media, people have gotten the wrong idea about a bail agent’s persona. Sometimes people confuse the role of a bail agent verses the role of a fugitive recovering agent (aka “bounty hunter”). People see these roles as the same and don’t differentiate their real purpose. This is due mostly, to the fact that a lot of people have never been in a situation where they have had to use a bail bondsman.

In the state of California, the term “bail agent” means, Read more »