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Bail Bonds

Civil Bonds

FAQs

Map & Directions

Home

Bail Bonds

Civil Bonds

FAQs

Map & Directions

Bail Bonds

Q. What is bail?
A. The term Bail is used in several distinct senses:

1. It may mean the security-cash or bond-given for the appearance of the prisoner
    
   
2. It may mean the bondsman (i.e. the person who acts as surety 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.

Q. When talking about bail, what do you mean by the term undertaking?
A. 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 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 if executed by the insurer's licensed bail agent unadvised in the insurer's name by an authorized person.

Q. Must you always use a bail bondsman?
A. 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.

Q. What is the purpose of bail?
A. The purpose of bail is to assure the attendance of the defendant, when his or her presence 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.

Q. Is bail a matter of right?
A. Although the right to bail has a 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 wit ha capital crime is entitled to a bail hearing in the trial court to determine whether the facts are evident or the presumption great. A crime is a capital offense if the stature 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 great when he or she is facing death or life in prison without the possibility of parole.

Q. Is the Public Safety considered in the decision to admit a defendant to bail, or to deny bail?
A. Bail can be denied in certain non-capital cases based upon finding of substantial likelihood of harm to others. When the facts are evident or the presumption 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, 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. It there is existence of a substantial likelihood of public harm it would be determined on the basis of the specific circumstances of the case and prior history of the defendant. The decision to grant or deny bail is subject to review on petition by the defendant.

Q. What is considered by the court in fixing the amount of the bail?
A. The amount of the bail is primarily within the discretion of the judge or magistrate, with only two general limitations:

First: The purpose of bail is not to punish, but only to secure the appearance of the defendant, and it should be fixed with that in mind.

Second: Excessive bail, not warranted by the circumstances. it's 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, 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 past bond. The bail amount set by the court must be the minimum amount of bail that would reasonably assure the defendant's appearance, NOT the Maximum!

Q. Does the bail bond continue forever?
A. 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 imprisonment the defendant is committed to the custody of the the sheriff, and the liability of the surety teminates.

Q. What if the defendant is sentenced to probation?
A. A defendant who is convicted and given probation is released from custody, and the bail must be exonerated.