The term Bail is used in several distinct senses: (1) It may mean the security-cash or bond-given for the appearance of the prisoner. (2) It may mean the bondsman (i.e., the person who acts as surety for the defendant’s appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity. Admission to bail is the order of a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of security-either an undertaking or deposit-for the appearance of the defendant before a court for some part of the criminal proceeding). Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties on the other. The agreement basically is that the state will release the defendant from custody the sureties will undertake that the defendant will appear at a specified time and place to answer the charge made against him. If the defendant fails to appear, the sureties become the absolute debtor of the state for the amount of the bond.

FAQs Archive - Aly's Bail Bonds

Q: What is the duration of a bond?

A bond is in effect until the defendant completes his obligations to the court. This usually means that it ends when the defendant appears in court and case is concluded.

Q: Is the premium paid refundable?

The premium amount is for the many service provided by the Bail Bonds Company to release the defendant from jail and make sure he appears in court. The premium is not refunded when the defendant appears in court – even if the charges are dropped. Premium is considered earned when the bond is posted and the defendant is released from the facility accepting the bail bond.

Q: Are Bail Agents licensed and registered?

Yes, Bail Agents must undergo a background check, pass an examination, and obtain a license from the Department of Insurance in their State. To maintain the license, agents must attend continuing education classes yearly.

Q: What is the purpose of bail?

The purpose of bail is to assure the attendance of the defendant, when his or her presence is required in court, whether before or after conviction. Bail is not a means of punishing a defendant, nor should there be a suggestion of revenue to the government.

Q: What is the premium paid for a typical bail bond?

Bail bond premiums schedule in most states is 10% or $100.00 whichever is greater. For Federal & Immigration bonds 15%. Example: A 250.00 bond would cost $100.00 and a $2000.00 bond would cost a premium of $200.00.