How long does it take to get out on bail?
The paperwork takes approximately 15-30 minutes. The release time after the jail receives our paperwork is generally 2 hours or less for local police stations and 4-12 hours for county jails. Generally speaking, the busier the holding facility, the longer it takes.
Do I get my Premium back?
Bail premiums (a.k.a. the 10% you pay) are normally fixed by contract with the state. A bail bond premium is a lot like car insurance. You are purchasing an insurance contract for the individual being released. Even if you never get in an accident in your car, you don’t get your insurance premium back. Bail bonds work the same way.
What is and what is not good collateral?
Anything which you own and has significant resale value is good collateral.
• A house on which you pay a mortgage is considered good collateral up to the difference between it’s value and the
amount you still owe on the mortgage.
• Note that except for a house, items which you have bought on credit and are making payments are not usually collateral unless you hold the title (a.k.a. pink slip). e.g. A car on which you have a loan in which the lender holds the title and you make payments is not collateral because lender has a lien on the vehicle.
• You may keep possession of major collateral items (e.g. House, Boat, Cars, Motor Homes) as long as the Bail Agent holds the title (a.k.a. pink slip).
When do I get my collateral back?
Upon completion of the court case, this happens when:
• The charges are dropped.
• The person is found innocent at trial.
• The person is sentenced at trial.
Of course, the Collateral will only be returned if there is no outstanding balance due on the Premium. The Bail Bond Agent has a fiduciary (formal legal) responsibility to safeguard all collateral.
If the court case is completed and all monies are paid the defendant needs to go to the Criminal Clerk window in which his/her case was held and ask the Clerk for an Exoneration Slip. The defendant will then need to bring the original document to the office of Excellent Bail Bonds.
What happens if the person fails to appear in court as promised?
A bench warrant is issued for the person’s arrest and the person’s name will appear in police bulletins as a fugitive. Although specifics vary depending on the jurisdiction, generally the court also authorizes the Bail Agency arrest authority for the individual as well.
The Bail Agency normally calls the person’s home, work, and other references to try to find the fugitive and convince them to appear. If these efforts are unsuccessful, the Agency may then search and employ apprehension specialists (a.k.a. Bounty Hunters) to arrest the fugitive.
From the perspective of someone who guaranteed the appearance by posting collateral, you want to convince the fugitive to surrender himself to the police or court as soon as possible. Normally, if the fugitive is returned before actual remittance to the state, you can usually get your collateral back.
If the fugitive does not surrender and cannot be found by the forfeiture date, the Bail Agency remits the entire bond to the court and proceeds with legal action to seize and liquidate your collateral. By law, the Bail Agency is required to refund any value received in excess of the Bail amount.
What if the person out on bail failed to appear in court by accident?
If it was a simple mix-up, such as sick in the hospital, got the court date wrong, etc. then Excellent Bail Bonds can make new arrangements for the defendant to return to court. In the event, this happens you or the person you bailed out needs to contact us immediately so the situation can be addressed.
How can I trust a bail bond agency with my money and collateral?
We know when your loved one or friend gets arrested can be very stressful. There calling you repeatedly collect and there telling you to do whatever you can as fast as you can to Bail them out. Here are some helpful tips to look for in a Bail Bond Agency:
• Make sure the company is Licensed with the Department Of Insurance. Here is a link for inquiry http://www.insurance.ca.gov/license-status/
• It is common practice to meet Bail Agent at the jail location for signing of paperwork. If you feel more comfortable meeting at an office make sure you state that, if Bail Agent refuses then that should be a red flag.
• Depending on how much the bail is the majority of Bail Bond Agencies take collateral to ensure the defendant indeed makes it to his/her court appearances. If the Bail Bond Agency says they don’t need Collateral and the Bail is reasonably high then be careful. A Bail Bond Agency can easily surrender the Bond written for the defendant on grounds you did not comply with the contract and provide collateral. Once the defendant has been surrendered you do not get any of the premium paid back at all.
• Bail Bond Agencies usually take all types of payments. If the Bail Bond Agent you’re working with insists on accepting cash and only cash, that should be a red flag.
If you have any questions concerning any of these tips or just want to ask some questions please do not hesitate to call David Perez Bail Bonds, Inc. at 626.617.8000.