FREQUENTLY ASKED QUESTIONS

How Do I Bail Out?

You can post bail by:

1. Using a Bondsman

2. Cash Bail Only

3. Property Bonds

4. RPR personal release
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Call 1-320-523-2427  to GET OUT!

What is a Bail Premium?

A bail bond premium is the fractional amount paid to a bail bondsman instead of covering the entire bail amount as set by the court system.Often times, people cannot cover the full amount of bail and utilize a bail bond to free their loved ones. For the agreed-upon bond fee, the bail bondsman assumes responsibility of the bail amount and making sure that defendant makes the necessary court appearances.

Three-party contract which involves state, accused and surety and under which surety guarantees state that accused will appear at ALL subsequent proceedings.

Who sets the Bail Premiums for the States?

Often times, bail premiums are set by statue or by the state's Department of Insurance. Several States don't set a specific maximum bail premium but require a bail bonds company to have an approved rate on file that is not "excessive, inadequate, or unfairly discriminatory." There are also multiple states that do not allow private bail. You must go through the jail systems for bail in the no bail states.

 

No Bail States:

  • Illinois
  • Kentucky
  • Maine
  • Massachusetts
  • Nebraska
  • Oregon
  • Wisconsin
  • Washington, DC

 

A Bail Bond fee or premium is 10% in Minnesota and is filed with the State Dept. of Commerce and is regulated. To discount the fee referred to as a "rebate" could result in a Commerce Enforcement action.

What is a Cash Bail?

A sum of money, in the amount designated in the order fixing bail, posted by a defendant or another person on his behalf. Cash bails normally do not require a bail bondsman.

Who Can Be An Indemnitor?

An Indemnitor (co-signer) is the person who is bound, by an idemnity, to be indemnify or protected by the other, and is over 18 years of age and can legally bind the bail bond agreements.

Idemnitor(s) (co-signers) usually are friends, your employer, or family members.

Collateral is pledged in the form of unsecured personal property, real-estate,a home mortgage, stocks, bonds or cash.

Traditionally, bail is a form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail. When bondsman is used and a surety bond posted, a fee for that bond is charged and the parties are entered into a three party binding contract.

There is certain information that we will need in order to post:

1) Where is the person in custody?
Make sure you ask the person in custody where they are located ( City, State, name and number of jail, county).

2) What is the full name and booking number of the person in jail, charges, next appearance?

3) How much is the Bail, and conditions?

Will I Get Any Money Back?

WILL I GET ANY MONEY BACK?

All premiums are not refundable and are due upon posting of the bail bond and release of the defendant from jail, they are fully earned.

Upon the final appearance of the Defendant,all premiums, expenses etc. should be paid in full, unless prior arrangements are made.

Any expenses incurred in the posting, release and in a transaction of a bail bond such as long distance calls, travel cost, posting fees, revocation, forfieture and arrest, are paid by the indemnitor(s) (co-signer) to the bail agent/surety.

Do I get my money back after the case is over?

There are a few exceptions to this but you do not get your premium(s) back that you paid to the bonding company. Forexample, the defendant gets arrested a week later you get no portion nor a refund of any money, money is fully earned at posting.

What If I Fail To Appear In Court?

The Defendant is obligated by the bail bond agreements to appear for each and every court appearance required by the court. The failure to do so will result in the revocation and forfeiture of the bond.

As and idemnitor(s) (co-signer), you will be required to bring the defendant in immediately and to reinstate the bond or surrender him/her back into custody. Failure to act immediately can add up expenses, such as skip-tracing fees, court costs, and attorney fees, if legal action is taken.

The idemnitor(s) (co-signer) is liable.

The law provides that the associated expenses can be applied, pursuant to Minnesota Statute 629.0, and Rule 702.

What if I think the defendant is not going to show up for court after I have posted the bond?
There are remedies that can be done here as well, contact the bondsman as soon as possiable so that they can discuss your options in full detail with you!

Getting Off The Bail Bond Liability

You are no longer liable for the Defendant's bond(s) when he/she has completed all of their court appearances, and when all premiums, expenses have been fully paid.

It is best to contact the bail bond agent when the bond is exonerated by the court with the court sentencing, settlement or discharge.

It is the obligation of the Defendant and the indemnitor(s) (co-signer) to complete the discharge, and exonerated bond(s) and forms within 48 hours, for the fast return of any collateral pledged and to confirm that the bond is exonerated.

Collateral vs. Credit vs. Cash

THE SURETY BOND

An alternative to CASH BAIL is the posting of a surety bond. This proccess involves a contractual undertaking guarnteed by an admitted insurance company having adequate assets to protect the face amount of the bond, to the court and surety. COLLATERAL

 

CREDIT

Credit rating may play a part in securing the bail bond, but will not provide the immediate payment , protection and leverage should the bail bond have to be revoke or forfeited to the court.

 

CASH

CASH BAIL is posted in lieu of a bail bond and a defendant or indemnitor( co-signer) would have to pay this directly to the jail or court. Should the defendant and the partie(s) have enought cash to cover the face amount of the bail bond, they may pay directly to the jail or court, as afforded in the

 

MN Stat. 629.53 PROVIDING RELEASE ON BAIL COMMITMENT

A person charged with a criminal offense may be released with or without bail in accordance with Rule 6.02 of the Rules of Criminal Procedure. Money bail is the property of the accused, whether deposited by the person or by a third person on the accused's behalf. When money bail is accepted by a judge, that judge shall order it to be deposited with the court administrator. The court administrator shall retain it until the final disposition of the case and the final order of the court disposing of the case. Upon release, the amount released must be paid to the accused personally or upon that person's written order. In case of conviction, the judge may order the money bail deposit to be applied to any fine or resitution imposed on the defendant by the court and, if the fine or restitution is less than the deposit, order the balance to be paid to the defendant. Money bail deposited with the court or any officer of it is exempt from garnishment or levy under attachment or execution.

 

CREDIT RATINGS

Considering the current economy and credit ratings in general, should any defendant and /or indemnitor (co-signer) fear a poor rating. This will not affect the posting of any Bail Bond with us, we are a COLLATERAL primary agency.

 

What is Collateral?

Collateral is some property placed within the bondsman's control, which may be sold in the event the defendant soes not show for court proceedings, pay the bond, follow conditions of release, which may result in the revocation and arrest. the bondsman can then sell the collateral to cover the amount paid to post the bond(s) - bail.

What do bondsman accept as collateral?
Each bonding company will have their own standards but for the most part they will take:

  • Real Estate
  • Cars
  • Cedit Cards
  • Cash
  • Stocks
  • Bonds
  • Jewelry
  • Personal Credit Lines
  • Bank Accounts
  • Collectiables 

To name a few, contact and make a list of unsecured property, have titles and ownership.

Bond Forms & Agreements

When you enter into the agreements any fraud, misrepresentation etc. can void and result in revocation.

BOND FORMS & AGREEMENTS

Before any bond is posted the following is required:

  • General Information
  • Co-Signer/Indemnitor Checklist*
  •  Defendant's Checklist
  •  Informed Consent to Rate
  • Indemnitor's Personal Information
  • Defendant's Physical ID Checklist
  •  UCC-1 Form
  •  Vehicle Assignment Form #2017-04
  •  Defendant's Responsibility Form
  • Promissory Note
  • PlainTalk Form
  •  Irrevocable Unifrom Short Term Mtg.
  •  Confessiom of Judgment and Confession of Judgment Secured with Wages, Personal Property