Can I Be Sued By A Bail Bonds Company?

Another question from Yahoo! Answers, where we were chosen as “Best Answer” by Voters.

Question:  Is it legal for the bail bonds company to sue me as the co-signer of bond agreement when the case has been dropped?  They have collected hundreds from me already.  Why do I have to pay them more?

Answer:  The basics of bail is that the bail bond agency earns their fee when the person is released from jail. The outcome of the case does not matter: guilty, innocent or no charges ever filed.  In most states, the bail bondsman cannot legally refund you even if he wanted to do so.

It sounds like you made payment plan arrangements for the bail bond fee (often 10% of the full bond amount). That is legally Read more »

Recent Bail Bonds Scam Not New

Residents of Douglas County, Kansas were warned on last week of a recent bail bonds scam that has been taking place.  A con artist posing as a sheriff’s employee contacted a manager of a local business by phone. They were asked to withdraw cash in the amount of $1,634 and wire the money in order to pay for the employee’s bail bond.  It was mentioned that the employee was arrested for DUI and child endangerment.  After becoming suspicious of the incident, the manager contacted the employee by text, only to find out that they had not been arrested.  Once the con artist was questioned further by the manager, he hung up.

This is a scam that has been going on for some time throughout the country. Anyone who receives this type of call Read more »

What Happens if I Bail Someone Out of Jail and They Skip Court?

When a friend or family member has been arrested, they may turn to you for help in posting their bail. If you agree to help them, you will have the option to either pay the full bail amount directly to the court or jail, or to use the services of a licensed bail bondsman.

But be careful and fully consider the impact of signing a bail bond contract. When you sign a contract with a bail bond company, you become Read more »

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 »

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 »

Is It Possible To Revoke A Bail Bond?

This question comes from Yahoo! Answers, where we answer questions about bail bonds on a regular basis. On this question, ours was chosen by reader vote as the Best Answer.

Question:  Is it possible to revoke a person’s bail bond? I put up a bond for a friend, but here lately my gut feeling is telling me he is going to “jump bail”. He is scheduled for court next month. So I really want to protect myself and find out if there is a way I can revoke his bond.

Answer: Yes, it is possible to have the bail bond revoked.  If you are using a bail bondsman, you should call them to discuss the matter. 

Revoking a bond can be somewhat complicated. Your bondsman Read more »

Is a Co-Signer Responsible for the Full Bail Amount?

Today’s question comes from Yahoo Answers, where we regularly answer bail related questions: 

Question: If someone signs a bonds paper as a co signer do they really have to pay for the full bail amount if I don’t show up?

Answer:  It is a fact that a co-signer on a bail bond is agreeing to pay the full bail amount  if the defendant does not show up  to court and cannot be located.

In most states, when the defendant doesn’t show up to court as promised, the bondsman and the co-signer have some time to get the defendant back into court. As long as defendant goes back, the co-signer will not pay the full bail amount. They will need to pay only if the defendant cannot be located.

That said, why would you not show up? You certainly do not want to be running from the law — every state has access to warrants nationwide. The reason the bail bonds system is effective is because the bondsman will come looking for you. Between the legal system and the bondsman, it would be best for you to simply go to court. Plus, someone was generous enough to get you out of jail. The least you can do is take care of your situation so they are no longer on the hook.

If you’ve already missed your court date, you can easily arrange a new court date and your bondsman can help. You should call right away.

Got a bail related question? Ask The Bondsman

Would bail your adult child out of jail?

Question: My son was arrested for shoplifting and was sentenced to 36-hours of community service. He then refused to do the community service hours and now he is back in jail for not complying with the court.

Answer: As a bondsman, I get this type of question from parents quite frequently. In fact, we published an article on this a few years back: Bail Bonds 101: Lessons for Parents. Knowing the state of the jails, I would certainly bail my adult child out of jail.

That said, there are certainly significant issues to consider in bailing out your adult child. For example, Read more »

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.

What is Bail Enforcement?

When you hear the term “Bail Enforcement,” you may immediately get a vision of Dog the Bounty Hunter. While “The Dog” may be entertaining, simply put, “Bail Enforcement” refers to “enforcing” the agreement of a defendant to return to court and appear before a judge in a criminal case where bail has been implemented. Many people assume this is the main job of a bail bondsman, but for the most part, bondsmen get defendants out of jail. Nationally, it is estimated that 98% of defendants released on a bail bond return to court as promised. Thus, a bondsman has little need to perform bail enforcement.

That said, what bail enforcement does, is enable the bail bondsman to return the defendant to court or jail, he or she feels the defendant will not go to court or has missed court willfully. Overall, bail enforcement is allowed in order to protect the general public by enforcing the court’s order to stand before a judge.

Generally, before any a bondsman will return a defendant to jail, Read more »