what is bail?In short, bail is a part of our legal system that allows an accused person to be temporarily released from custody so they can continue their lives while they prepare for their day in court. In criminal cases, it is a sum of money or bail bond that needs to be posted by or on behalf of a defendant to guarantee their appearance in court. The right to reasonable bail is guaranteed to you by the Eighth Amendment of the Constitution of the United States.
How does a bail bond work?The court system will set the amount of bail required for the defendant’s release. Under state law, a company can provide a “bail bond” that guarantees payment of the full bail amount to the court if the defendant does not show up for all scheduled appearances. These bail bonds are offered by licensed bail service providers. For providing the pre-trial release service, bail service providers charge a premium – a percentage of the total bail amount, typically 10%. For example, for a bail amount set at $20,000, the premium would be about $ $2,000 plus any additional fees required. The bail service provider must charge the premium rate that it has filed with the Department of Insurance and the premium is not refundable once the defendant is released.
what is a bail bond?A bail bond is a financial guarantee made by or on behalf of a criminal defendant that is used to guarantee their appearance in court through the end of their trial. Failure by the defendant to appear will result in a bail bond forfeiture.
who is a signer?A signer is the person(s) willing to be responsible for the defendant while they are out on bail and who co-assumes financial responsibility, including guarantee of the full bail bond amount.
is the premium refundable?The defendant and any signer(s) are responsible to the bail service provider for the premium and any fees or additional expenses incurred by the bail service provider on their behalf. These monies are earned at the time the defendant is released from custody and therefore not subject to return. This is the case even if the defendant is found innocent, the case is dismissed or the defendant is placed back into custody for another offense.
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Your rightsIn the United States of America, you are presumed innocent until proven guilty. That is the fundamental cornerstone upon which release on bail, prior to trial, rests. You have the following unalienable rights during the bail process:
At Action Bail Bonds:
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