BAIL AMERICA

 

 

Bond Information

Bond - A bond is a method of securing the release of an inmate from custody prior to trial by posting something of value to guarantee the inmate's appearance in court. There are two primary types of bonds that a person may utilize to be released from jail. They are cash bonds and surety bonds. A person may also receive a purge amount from the courts, which also would enable an inmate to be released from jail.

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How does bail work?

When an individual is arrested for a crime in the State of Florida, typically that person will be taken to a local law enforcement station for booking prior to incarceration in a station lock-up or county jail. Once arrested and booked, the defendant has several options for release pending the conclusion of his or her case. Bail is designed to guarantee the appearance of the defendant in court at the time the judge directs.

What are the release options if someone is arrested?

There are four basic release options available. They are: CASH BAIL Cash bail means a person must give the court or jail the total amount of the bail in cash. The cash will be held by the court until the defendant appears to all of their court cases and the case is concluded. Full cash bonds provide a powerful incentive for the defendant to appear in court. If the defendant appears for all of their scheduled court appearances, the cash bail should be returned less court costs and fines. BEFORE  you decide to post cash bail at the jail, please READ THIS : F.S. 903.286 . According to this Florida Statute, before your money is returned to you, the clerk of the court 'shall withhold from the return of a cash bond ... sufficient funds to pay any unpaid court fees, court costs and criminal penalties'.    SURETY BOND An alternative to cash bail is a surety bond. This process involves a contractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the face value of the bond. The bail agent guarantees to the court that they will pay the bond forfeiture if a defendant fails to appear for their scheduled court appearances. The bail agent's guarantee is made through a surety company and/or by pledging property owned by the bail agent. For this service, the defendant is charged a premium, typically 10% of the bail amount in Florida. For example, if the bail amount is $50,000.00, the premium charged is $5,000.00. Prior to the posting of the surety bond, the defendant, friend or relative must contact a licensed bail agent. Bail America, Inc can be contacted at 863-533-BAIL (2245) . Once a bail agent is contacted, an interview or appointment will be immediately scheduled. After this procedure is completed, the bail agent will post a bond for the full bail amount, financially guaranteeing the defendants return to court as scheduled. Because the bail agent is subject to forfeiture of the entire bail amount should the defendant fail to appear in court, the bail agent has a keen interest in supervising bailees.       SIGNATURE BOND Bail America, Inc often takes a signature for collateral. If the signer has been on his or her job for a number of years or if they have roots in the community and seem secure, we will often take their signature in lieu of property.        RELEASE ON OWN RECOGNIZANCE Another method of release, pending trial, is through a county or law enforcement administered pre-trial release program. Usually, the employees of these programs interview defendants in custody and make recommendations to the court regarding the release of these individuals on their own recognizance (without any financial guarantee to insure the defendants return). The interview process attempts to determine whether the detainee is likely to appear in court at their scheduled times.

How much does a bail bond (surety bond) cost?

In Florida, the bail premium (fee) is $100.00 or 10% of the full bail amount, whichever is greater. For example, if the bail is $10,000.00, the premium charged is $1,000.00. If the bail is $250.00, the premium charged is $100.00. If the bond is a federal bond, the premium is 15%.

How much of the premium will I get back?

Typically the 10% premium is fully earned once the bail bond is posted with a jail or court. You will not receive any of your premiums back. That is how bail agents and their surety companies make their money and pay their bills.

What is collateral?

Collateral is something of value used to financially secure a bail bond.

What can be used as collateral?

Some examples of collateral include houses, cars, boats, jewelry, cash or anything of value.

When will collateral be returned?

Collateral is usually returned when the court finishes with the defendants case(s), exonerating the bail bond(s).

How long does it take to get released from jail?

This will typically depend on several factors, including the location of the jail where the defendant is incarcerated and what the charges are. Once a defendant is booked in to jail (i.e.:  fingerprinted, photographed, warrants checked, etc.) the process can take from one to four hours.  The type of charges can also affect the time. Certain charges, domestic violence for example, carry a mandatory appearance before the judge before any bail can be set. In those cases, the defendant will remain incarcerated until his initial court appearance before the judge. Bail America, Inc. does everything possible to expedite the bail release.