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Why do we have bail bonds?
Under our system of justice, a person is innocent until proven guilty beyond a reasonable doubt. The Eighth Amendment to the Constitution guarantees the accused the right to reasonable bail, pending trial, except for capital crimes.
What is a bail bond?
A bail bond is a document setting forth an amount of money which will be paid to the court if the defendant does not appear beore the court. The bail bond is intended to guarantee that the defendant will go to court. It is similar to an insurance policy; i.e., if the defendant does not show up, the bond must be paid to the court.
What is a commercial bail bond?
If the defendant cannot post the full amount of bail bond himself, he can employ a commercial bail bond company to post a commercial bail bond.
How does the public benefits from bail bonds?
The commercial bail bond is the only type of pretrial release that does not expose the "non-criminal taxpayer" to any burden. The commercial bail bond is completely guaranteed by the bail bond company for the full amount of the bond. The bail bond company must bear all expenses for the apprehension and return of the defendant that fails to appear for court. If the bail bond company is unable to apprehend the fugitive defendant, it will have to pay the court the full amount of the bond.
How much does a commercial bail bond costs?
The fee charged by the bonding company is set by the State of Arkansas. There is a minimum fee of $35, which covers bonds up to $350. The fee for a bond in excess of $350 is ten percent of the amount of the bail bond. Arkansas law does not allow a bonding company to charge more or less than those amounts. The bail bond fee is not refundable.
What happens if the defendant does not appear?
The defendant is obligated by the bail agreement to appear at each and every court appearance required by the court. The failure to do so will result in the forfeiture of the bond. Failure to act immediately can add up expenses, such as tracing fees, court costs, and attorney fees if legal action is taken. The indemnitor is liable.
How do you get out off bond liability?
You are no longer liable for the defendant's bond when he/she has completed all of their court appearances, and when all premiums have been paid. It is best to contact the agent when the bond is exonerated by the court, for the fast return of any collateral pledged and to confirm that the bond is exonerated. In the event of forfeiture, the indemnitor is liable until the full amount of the bail has been paid, plus any expenses incurred or until the court exonerates the bond. The bond then becomes void.
- Most bondsmen require extensive information regarding the defendant, his family and friends, before posting the bond.
- It is common practice for a bonding company to request co-signers on a bail bond, preferably people who know the defendant well and are confident that he will take care of his obligations under the bail bond.
- Co-signers should assist the bondsman in locating a fugitive to avoid excessive expenses.
- Sometimes several trips are necessary in apprehending defendants. It may cost thousands of dolloars to locate and return a fugitve. These expenses are charged to the co-signers on the bail bond.
- The bonding company will seek reimbursement of the bond forfeiture as well as expenses from the co-signers.
- If you co-sign a bond, you should be aware that it could cost thousands of dollars if the defendant does not fulfill his obligations!!!
- Be sure you know a person very well before agreeing to co-sign a bail bond.
- Many bonding companies have conditions with which the defendant must comply. If he fails to abide by these conditions, the bondsman may rearrest him and be released from the bail bond.
- Defendants must keep in touch with the bonding company which encourages them to maintain steady jobs and to stay out of trouble.
- If a defendant does not go to court as required, the bonding company is given a period of time to apprehend and return the fugitive to jail. The bondsman has the right to arrest the defendant, wherever he may be.