YOU SHOULD KNOW THIS.......
THE RESPONSIBILITIES OF THE
INDEMNITOR..(CO-SIGNER)
It
is the responsibility of the indemnitor (co-signer) to see that the
premiums is paid, and Defendant makes each and EVERY COURT DATE. A bail
bond is an "appearance bond" and is good for only ONE (1)
YEAR. If the case contiunes longer than a year, an additional premium
is due and is collected for each additional year. These premiums are NOT
REFUNDABLE and upon release of the Defendant from jail, fully earned.
Any expenses incurred in the transaction of a bail bond such as long distance calls, collect jail calls,travel expenses, posting fees, filing fees, etc., are to be paid by the indemnitor (co-signer) to the bail agent, or surety.
In
case of the forfeiture (failure of the defendant to appear for all
court dates), it is the duty of the indemnitor to pay the full
amount of the bail bond to the bail agent, surety and/or the court,
plus ALL expenses incurred by the bail agent , bail enforcement
agents or surety, in the surrender if the Defendant or locate the
Defendant and surrender the person to the agent(s) and / or court.
If
the Defendant or indemnitor(s) (co-signer) changes addresses,
employment, attorney. It is the responsibility of the
indemnitor(s) (co-signer) to immediately notify the bail agent and court, within 48 hours. Failure to do this may be cause for the immediate surrender and revocation of the defendant and bond.
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Bail Bond and Premiums:
What is a Bail Premium?
A
bail bond premium is the frational 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 maxium 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. |
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What is a Cash Bail?
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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.
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Conditional vs. Unconditional
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A Conditional Bail, has limits and restrictions to a Defendant's
normal activities.
Usually includes, no use of drugs,
alcohol, stay in state, law abiding
may have daily testing, monitor,
call in's, one should consider these cost per day when making a decision.
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You can post by:
1. Use a Bondsman
2. Cash Bail Only
3. Property Bonds
4. RPR personal release
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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.
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