J24BAIL
Fast Reliable Swift & friendly
Frequently Asked Bail Bond,
Bondsman Questions
What is A Bail Bond?
Frequently Asked Questions
-
When relating to bail, what do you mean by the term undertaking?
-
What is The Responsibility of the CO-SIGNER INDEMNITOR IF THE DEFENDANT FAILS TO APPEAR?
-
IS A BAIL BONDING AGENT, BONDSMAN AUTHORIZED TO ARREST A DEFENDANT?
-
DOES THE BAIL BONDSMAN & AGENT'S HAVE THE POWER TO REVOKE A BOND?
-
DO I HAVE TO NOTIFY THE COURT & BONDSMAN OF A CHANGE IN MY ADDRESS?
-
Is the Public Safety issue measured in the decision to admit a defendant to bail, or to deny Bail?
-
What is considered by the Court in fixing the amount of the bail?
-
Does the bail bond continue eternally, can you get it returned?
-
What is the difference between a surety and a professional bail bondsman?
The term Bail could be used in several distinct forms: (1) It may indicate the security-cash or bond-given for the appearance of the defendant. (2) It may also mean the bondsman (i.e., the person who acts as surety (signer on the bail bond) 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 an order from 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 as a rule 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.
What is a Bondsman or Bonding Agent?
A Bail Bonding Agent {Bondsman} posts a defendant's appearance bond and guarantees that the defendant will appear whenever required. Bail bonding agents must be licensed by the State and have an appointment from an insurance company or be a qualified cash bonding agent. Bail bonding agents are paid a premium, which is usually non-refundable, to post the bond. If the defendant fails to appear, the court may order the bond "forfeited" and require the bonding agent to pay the court the full amount of the bond. Bail bonding agents have the right to apprehend, return the defendant to custody, and to use collateral taken for the bond to pay the bond forfeiture and costs.
Who Regulates Bail Bonds in Maryland?
The Department of Insurance is responsible for the regulation of bail agents in Maryland.
When talking about bail, what do you mean by the term undertaking?
An undertaking is a permissible type of bail security. The taking of bail consists of a competent court accepting an undertaking of sufficient security for the appearance of the defendant, according to the terms, or the surety will pay a specified sum to the state. Corporate sureties are commonly used, and the court will accept an admitted surety insurer`s bail bond power of attorney if executed by the insurer`s licensed bail agent and issued in the insurer`s name by an authorized person.
Must you always use a bail bondsman?
In most State systems the defendant, or any other person, may deposit the sum mentioned in the bail order or bail schedule. Cash is accepted, and it is the practice for each court to adopt a written policy permitting acceptance of checks or money orders, upon conditions that tend to assure their validity, in payment of bail deposits. Some courts have a maximum amount over which a personal check will not be accepted. Depending upon the jurisdiction, government bonds may be accepted. Please note some jurisdictions will set a bail order requiring a corporate surety bond. This means that you can only post bail thru a surety bail bondsman.
The judge or a magistrate may stay the release of a defendant if a peace officer or prosecutor files a sworn declaration demonstrating probable cause to believe the source of the consideration, etc. was feloniously obtained, or the judge or magistrate has probable cause to believe the source was feloniously obtained. This order is commonly known as a Nebbia Hearing or Bail Sufficiency Hearing. If probable cause exists, the defendant then bears the burden by a preponderance of evidence to prove that no part of the source was so obtained. A defendant who prevails must be released on issuance of a bail bond as specified.
The purpose of bail is to assure the attendance of the defendant, when his or her appearance 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.
I have a Warrant can you help me?
Yes we can Serve the Warrant for you and in many cases have you bailed out without sitting in jail in just a few hours but not in Baltimore City they have up to 72 Hours.
Please take Note we Have no Control over the time it takes for your release from Jail. The State of Maryland decides that with the Jails & Courts.
What is the Premium for a Bail?
In Maryland, the cost of the bail bond which is called the Premium is generally 10% of the total bail amount.
For example, if bail is set at $10,000 the premium would be $1,000. This is the amount charged by the bail bond company to put up the bail bond for the full $10,000 so that your friend or family member can be released. You do not get this money back. The premium is fully earned upon the release of the accused.
When talking about bail, what is Collateral?
As Indemnitor, you are financially responsible for the bail bond. As long as the person you bail out makes all of their court appearances, you will not have to pay any money in addition to the premium. If the person is simply late to court or has a valid reason for not being there, we can usually get them back into court without additional expense to you. If the person skips bail and we are not able to return that person to court, you will be required to pay the full amount of the bail. If we are able to return them to court, you will be required to reimburse us for actual expenses incurred. Collateral is money, property, etc. that you deposit with the bail bond company. The collateral is held until the bond is exonerated and the premium has been paid in full.
In many situations, we will not require collateral. Often times, people own homes but do not want to sign on them. We take a quick application to determine if we can do this for them.
Other factors may determine if collateral will be required:
1. Accused person's past arrest
history
2. Whether or not accused person is local
3. If Indemnitor is employed
4. How Indemnitor is related to the accused
5. How long Indemnitor and accused have they known each other
What is an Indemnitor or Cosigner?
An Indemnitor or Cosigner is a person who agrees to be financially responsible for the full amount of the bail bond in the event the defendant fails to make a court appearance and cannot be returned to court. An Indemnitor is responsible for paying any costs incurred as a result of the defendant missing a court date. If there is more than one Indemnitor on a bail bond, they are jointly and severally liable. This means the money could be collected from one or both of them
WHAT IS THE RESPONSIBILITY OF THE CO-SIGNER INDEMNITOR IF THE DEFENDANT FAILS TO APPEAR?
An Indemnitor or Cosigner is a person who agrees to be financially responsible for the full amount of the bail bond in the event the defendant fails to make a court appearance and cannot be returned to court. An Indemnitor is responsible for paying any costs incurred as a result of the defendant missing a court date. If there is more than one Indemnitor on a bail bond, they are jointly and severally liable. This means the money could be collected from one or both of them
AM I REQUIRED TO APPEAR AT ALL COURT HEARINGS?
YES! The most important condition of the bond is your agreement to appear at each and every court hearing. It is your responsibility to know where and when those hearings are set.
WHAT HAPPENS IF I FAIL TO APPEAR IN COURT AS REQUIRED?
The court may issue a warrant for your arrest, revoke your bond or increase the amount of your bond. You may also be charged with a completely new crime known as "failure to appear." The bail bond may be forfeited and the property or money deposited as collateral or the bail bond may be lost.
WHAT SHOULD I DO IF I MISS A COURT APPEARANCE DATE?
It is important for you to act quickly. If you posted a bond with a bail bonding agent, CONTACT THE AGENT IMMEDIATELY. The bail bonding agent may provide you with a "consent of surety." You must take the consent of surety to the court clerk and ask for a new court date. If you did not post a bond through a bonding agent, then go to the court clerk as soon as possible and make arrangements for a new court date. In either case, a warrant was probably issued for your arrest for failure to appear.
IS A BAIL BONDING AGENT, BONDSMAN AUTHORIZED TO ARREST A DEFENDANT?
Yes. The defendant is obligated by the bail agreement to appear when required by the court. The bail bonding agent Bondsman is authorized by contract to use reasonable force to apprehend and return the defendant to custody and can cross Interstate lines of Different states and Countries, They may Employ what is called Old Term a Bounty Hunter now days known as Bail Recovery Agent, Fugitive Recovery. Agent, Fugitive Enforcement Agent
DOES THE BAIL BONDSMAN & AGENT'S HAVE THE POWER TO REVOKE A BOND?
Yes. The bail bonding agent may revoke a bond for almost any reason.
DO I HAVE TO NOTIFY THE COURT & BONDSMAN OF A CHANGE IN MY ADDRESS?
Yes. Most appearance bond forms contain a standard condition that requires you to notify the court & Bondsman immediately if you change your residence or address.
CAN I LEAVE STATE WHILE I AM OUT ON BAIL?
No, unless you receive permission from the court and the bonding agent. It depends on the terms of your bond set by the court and on your agreement with the bonding agent. You will probably need the court's approval and a Consent of Surety from the bonding agent.
HOW LONG DOES THE BONDING AGENT HAVE TO WRITE MY BOND?
The bond must be posted within 24 hours of receipt of full payment or a signed contract for payment. If the bond is not posted, all moneys, premium and collateral, if any, must be refunded, and all liens released within 48 hours of receipt.
Although the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right. However, with certain exceptions a defendant charged with a criminal offense shall be released on bail. Persons charged with capital crimes when the facts are evident or the presumption of guilt great, are excepted from the right to release on bail. However, a defendant charged with a capital crime is entitled to a bail hearing in the trial court to determine whether the facts are evident or the presumption great. A capital crime is an offense that a statute makes it potentially punishable by death or life imprisonment, even if the prosecutor / government has agreed not to seek the death penalty. It is presumed that the risk of flight of the defendant is too great when he or she is facing death or life in prison without the possibility of parole.
Is the Public Safety issue measured in the decision to admit a defendant to bail, or to deny Bail?
Bail can be denied in certain non-capital cases based upon a finding of substantial likelihood of harm to others. When the facts are evident or the presumption of guilt is evidently great, bail may be denied in the following instances: In felony cases involving acts of violence, or felony sexual assault offenses on another person, if the court finds on clear and convincing evidence that there is a substantial likelihood that the release of the accused would result in great bodily harm to others. In a felony case, if the court finds on clear and convincing evidence that the accused has threatened another with great bodily harm, and that there is a substantial likelihood that the accused would carry out the threat if released. The requirement of findings based on clear and convincing evidence implies that a hearing will be held on the issue. If there is existence of a substantial likelihood of public harm or danger to the community it would be determined on the basis of the specific circumstances of the case, the testimony of witness' and prior history of the defendant. The decision to grant or deny bail is subject to review on a court petitioned motion by the defendant.
What is considered by the Court in fixing the amount of the bail?
The amount of the bail is first and foremost within the scope and discretion of the judge or magistrate, with only two general limitations: First: The purpose of bail is not to penalize or punish the defendant, but only to secure the appearance of the accused, and it should be set with that in mind. Second: Excessive bail, not warranted by the circumstances or the evidence at hand. Is not only improper but a violation of constitutional rights. In fixing the amount of the bail, the court takes into consideration the seriousness of the charge, the defendant's previous criminal record, and the probability of the defendant appearing at the trial or hearing.
Additionally, if public safety is an issue, the court may make an inquiry where it may consider allegations of injury to the victim, danger to the public and/or to the defendant him/her self, threats to the victim or a witness, the use of a deadly weapon, and the defendant's use or possession of controlled substances. A judge or magistrate setting bail in other than a scheduled or usual amount must state on the record the reasons and address the issue of threats made against a victim or a witness. The court must also consider evidence offered by the detained person regarding ties to the community and ability to post bond. The bail amount set by the court must be within the minimum range amount of bail that would reasonably assure the defendant's appearance. NOT the Maximum!
Does the bail bond continue eternally, can you get it returned?
When the bail has served its purpose, the surety will be exonerated (i.e., released from the obligation). Exoneration normally occurs when the proceeding is terminated in some way or on the return of the defendant to custody. After conviction, the defendant appears for sentence. If sentenced to jail confinement or imprisonment the defendant is committed to the custody of the sheriff, and the liability of the surety/s' is discharged. Please note that if
What if the defendant is sentenced to probation?
A defendant who is convicted and given probation, is released from custody and the bail bond must be exonerated as a matter of law.
What is the difference between a surety and a professional bail bondsman.
A professional bail bondsman is a bail bondsman who pledges his or her own property / security to guarantee the bail bond to the state. A surety bail bondsman utilizes the financial strenght and backing of an admitted insurance company. A surety bail bondsman is also able to post federal court and immigration bail bonds, where a professional bail agent is not.
Inmate Electronic Monitoring and GPS Tracking
Inmate GPS Tracking is the real-time, wireless identification of a defendant's location and their surrounding areas. ELMO or Electronic GPS monitoring is a tool that bail bond companies use to track high risk defendants. The courts are also more and more utilizing Elmo systems when setting special conditions of release on bond. At Bail Yes our Integrated Electronic Monitoring Platform offers a full range of interchangeable electronic monitoring tools and communication technologies, enabling operators to integrate one or more monitoring devices and software modules onto a single platform. For more information on Bail Yes GPS electronic monitoring services and a full description of services contact us today.
HAVE SOME ONE CALL J24BAIL YOUR
1-877-7-J24BAIL
BONDSMAN 410-929-BAIL OR 2245
AND CALL A LAWYER
All of Maryland Serviced:
J24BAIL
For your convenience we are open 24 hours 7 days a week
Let us help you today!
For a step by step process of a typical court release for a Bail Bond click here.