A bail bond is also known as Surety bond. It is a contract between a state licensed bail bonds company and a signer or a group of cosigners. What’s more, it is an agreement between the court and the bail bonds company to transfer the custody of the defendant to the bail bonds company. Therefore, the court releases the defendant on the promise of his return on the specified date.
Necessarily, if the accused flees or doesn’t appear in court without a good reason, the bail company agrees to pay the full bond. In contrast, the signers are responsible for paying the bail bonds company the bail money.
In essence, the bail bond process is as simple as 1-2-3, but for someone who is going through the process, it is vital that he know the steps in detail.
The Purpose of the Bail System
First of all, the purpose of bailing somebody out of jail is to guarantee that the defendant returns to court on the stated date. Furthermore, the bail system is designed to give freedom to the accused persons who commit minor offenses, and give them freedom to prove their innocence. At its heart, the bail system is based on the principle of “innocent until proven guilty.”
The bail system was introduced in England when the English Parliament passed the law that became known as the bail system. In the following years, the bail system was exported to the United States during the Colonial Ages.
The bail industry in the United States is a private industry. It doesn’t represent a burden on the taxpayers. The bail bond companies work with insurance companies to cover the expenses, so the government doesn’t pay for bonds.
The bail laws vary from state to state. Each state has its set of legislation and rules. Some states require the bail bonds company to be licensed, some states don’t.
During hard times, the defendant needs to choose the best bail bonds company to guarantee that he gets released, or he might endanger his freedom.
The Bond Approval Process
The first step of the process is desk work, lots of office work! The paperwork is the most complicated part of the bond approval process. The process is kicked off by a visit to the bail bonds company; the bonds agent collects the necessary information of the defendant. Such as the case number, booking number, and the location of the jail. The cosigners also present their personal information. The respondent can get as many cosigners as he can because more singers in the contract increase the likelihood of the bond approval.
The final step before submitting for bond approval is paying the bail bonds company. Usually, the defendant or his family or friends agree to pay the premium at this point. The premium is a portion of the whole bail amount given to the bail bonds company as fees. The bail bond company may accept installments or any other form of payment agreed between the contractors. Once the contract is signed, the bail bonds company send an agent to the court for posting the bond and releasing the defendant.
Afterward, (technically) the defendant is in the custody of the bail bonds company. They are both responsible for the appearance of the accused in court.
The Bail Bond Disapproval
But of course, the court may disapprove the bail request. The bail bonds company can work around the reason for disapproval, legally, the cause of criticism is usually a technical glitch that can be bypassed.
Usually, the bail bonds company and the cosigners work together on avoiding the bail rejection. Not to mention that the defendant will remain in jail all that time. Therefore, he can’t seek professional legal help nor lead a normal life.
How Much Does a Bail Bond Cost?
As mentioned earlier, each state set the bail laws. For example, in New York City the Department of Insurance is the one that set the ball rates. In New York, the premium may range between 6-10%; it depends on the bail amount. Respectively, 10% if the bail is up to $3000, 8% for $3000-$10000, 6% if the bail is $10000 or more.
As clarified, the bond money is nontaxable. Moreover, the bail bond company may require additional fees for the paperwork alone. However, the court can set up different bail amounts depending on the case, but that rarely happens.
Most bail bond companies in New York accept any form of payments such as credit cards and money orders.