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| A monetary
guarantee filed with the court whereby a defendant
is temporarily placed in the custody of the posting
Bail Agency. Further, the bail agency promises the
court the defendant will appear each and every time
they are ordered to do so while their case is pending. |
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| Is
a defendant released on bail really in the custody
of the posting Bail Agency? |
Yes,
when a Bail Agency post a Bail Bond with the Jail
or Court, the Bail Agency is taking responsibility
for the defendant to appear at all future court dates.
For example, if a defendant does not follow the terms
and conditions of the Bail Agency, then he/she risk
being returned to jail! BailBonds24hrs. provides
the comforts of not being in a jail cell. However,
if a defendant fails to communicate or check in as
required then he/she may be returned to jail.
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| How
much does bail really cost? |
| 10% of
the bond is the standard premium. However, Union
Members & clients (defendants) represented by
a private attorney may qualify to be released on
bail for 8%! |
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| How
come some agencies state 0% down? |
| This
may be misleading since a company would go out of
business writing free bail. However, there are companies
who will take a lien on your house and require monthly
payments to cover the bail premium. If your financial
situation requires a 0% program then be sure to make
the monthly payments on time to cover the bail premium
(not bail amount) owed to the bail agency or else
your loved one (the defendant) will be returned to
jail and you will still owe the premium plus costs
such as fugitive recovery agent fees and court fees.
At BailBonds24hrs., we have programs for 5% down
to start. If you don't understand, please call us
and we'll assist you and answer your questions. |
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| Do
I need collateral? |
| Every
case is different. However, we enjoy bringing families
together and with high bail amounts collateral is
necessary. If you have questions, don't be afraid
to call and ask! |
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| What
can I put up for collateral? |
| Anything
of resale value! However, if you're a homeowner then
a signature may be all that's needed or a lien will
be placed on your home based on the bond amount and
the required equity (Market Value vs. what's owed
on the home). |
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| How
do I determine equity for a home? |
Recent
sale amounts for homes similar to yours. For example,
if you currently owe $375,000.00 on your home and
the homes in your area are being sold for $475,000.00,
then you have $100,000.00 equity. However, it really
depends on the condition of your home and the current
market. If you have questions don't be afraid to
call us!
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| What
if the person I bail out does not appear? |
The court
will issue a warrant for the arrest of the defendant.
In addition, a notice will be sent to us regarding
the failure to appear. However, we will be happy
to assist you in either reinstating the bail with
the court or surrendering the defendant back to custody.
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| What
if the person I bail out gets re-arrested in a
different county or state? |
Call
us immediately so we can make sure you are protected.
Communication is very important.
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| What
if the person I bail out refuses to go to court?
What will it cost? |
Call
us immediately and we'll make arrangements for him
or her to be safely returned to jail. The cost of
returning a defendant to jail depends where the defendant
is located. For example, if the defendant is cooperative
then the cost is as low as $350 to $500. However,
if the defendant refuses to cooperate then it will
cost an additional 10% of the Bond ($5,000 for a
$50,000 bond) or 20% of the bond amount if out of
state ($10,000 for a $50,000 bond) plus costs incurred
by our fugitive recovery agents. If you have doubts
about the person you are helping then don't sign
for a bond! You're better off taking a nice vacation
or donating to the Red Cross!
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| Are
there any additional legal fees? |
In the
event of a forfieture (when the defendant failed
or refused to appear in court as required) there
will be court costs. The worst being a Summary Judgement
where the defendant cannot be located and you have
to pay the entire bond amount. If the defendant failed
to appear due to a valid excuse, then the bond can
be reinstated. Court fees vary from $75 and up. If
a motion has to be filed to vacate the forfieture
then you will be liable to pay for all legal fees.
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| Once
the bond has been posted at the jail, how long
until the defendant will be released? |
| Release
times vary from City Police Departments, Jail facilities,
and County Detention Centers. For example, a small
police department may release a defendant within
10 minutes to hour. A County Detention Center may
take up to 6 to 8 hrs. Orange County Jail may take
as long as 12-18 hrs. Most of the time Orange County
Jail
releases defendants within 6 to 8 hrs. |
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| Should
I get an attorney to request a bail reduction? |
If a
case has been filed at the court by the District
Attorney's office and the bail amount is high, then
you may want to seek the advice of an attorney regarding
possible bail reduction. However, a bail reduction
hearing cannot occur until there is an official case
filed by the District Attorney.
When a defendant is booked into Jail and held on new charges, the
district attorney has 48 court hours to file an official complaint
or else the defendant must be released. This does not mean a case
will not be filed at a later time.
For example, if a defendant is arrested on a Wednesday, then the
District Attorney has until Friday to file a case and officially
charge the defendant in a court of law. If a defendant is arrested
on a Thursday then he/she could be held until Monday or Tuesday.
Please remember this does not mean a case will not be filed upon
release by bail bond or according to the 48 hour rule. Once a case
has been filed by the D.A., the bail could remain, be lowered, or
be increased. Once the defendant goes to court he/she could be released
without posting a bond. Bail Reduction is not so simple as some attorneys
claim.
The Jailor cannot reduce the bail without a court order signed by
a judge. The bottom line is if a defendant is arrested on a Wednesday
and does not have a court case number by Thursday, then Bail Reduction
by Friday is very unlikely because the defendant will either be released
under the 48 hour rule or the DA will file a case on Friday and the
Defendant will have to wait for a the arraignment the following week
for possible bail reduction or have someone post bail for him/her
to be released from custody.
If the District Attorney files a case on Thursday, then an Attorney
can request a Bail Reduction at the arraignment, which would be the
following day (Friday). Bail Reduction is possible by Friday if a
case has been filed by Thursday. There are no guarantees the court
will grant reductions, but if the defendant has no priors then the
court may grant a request. Remember justice is blind!
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| What
if a person has a Warrant? |
| In most
case we can clear warrants with the court and set
a new court date. However, each case is different.
Call and ask for assistance. |
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| Why
Should I use BailBonds24hrs? |
We handle
all the above situations in a professional manner.
We will try to assist you and answer your questions
when needing a bail bond. If we cannot help you,
then we'll point you in the right direction. We enjoy
bringing families together!
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