Belle Bond
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A bail bondsman, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court.
Bail bond agents are almost exclusively found in the United States,[1] as the practice of bail bonding is illegal in most other countries.[2] The industry is represented by various trade associations, with the Professional Bail Agents of the United States and the American Bail Coalition forming an umbrella group for bail agents and surety companies and the National Association of Fugitive Recovery Agents representing the bounty hunting industry.[citation needed] Organizations that represent the legal profession, including the American Bar Association and the National District Attorneys Association, oppose the practice of bond dealing, claiming that it discriminates against poor and middle-class defendants while doing nothing for public safety.[3]
The first modern bail bonds business in the United States was established by Peter P. McDonough in San Francisco in 1898.[4] However, clay tablets from ca. 2750 BC describe surety bail bond agreements made in the Akkadian city of Eshnunna, located in modern-day Iraq.[5] Indemnitors obtained the release of defendants from jail by paying sums of currency and pledging, with their own property as collateral, that said defendants would show up in court.[citation needed]
Laws governing the practice of bail bonds vary by state,[7] although the Uniform Criminal Extradition Act, sponsored by the Uniform Law Commission, has been widely adopted.[7] In the state of California, bail bond agreements[vague] must be verified and certified by the California Department of Insurance.[8] The practice of commercial bail bonds is unlawful in the states of Illinois, Kentucky, Oregon, and Wisconsin.[9]
\"There are 18 states where theoretically anyone can become a bail recovery agent...\"[1] In most jurisdictions, bond agents must be licensed to carry on business within the state. Some insurance companies may offer insurance coverage that includes local bail bonds for traffic related arrests.[11]
Bond agents generally charge a fee of ten percent for a state charge and fifteen percent for a federal bail bond, with a minimum of one hundred dollars in such states as Florida, required in order to post a bond for the full amount of the bond.[12] This fee is not refundable and represents the bond agent's compensation for services rendered.[13]
Nevada is one of the states which allow an arrestee to \"put up\" a residence for a bail bond. To do this, the applicant must register a deed of trust and name the bonding agency as beneficiary. While this gives the bail company a lien on the property, it can only take ownership if the defendant fails to comply with all court instructions and rules.[14]
Some states, such as North Carolina, have outlawed the use or licensing of \"bounty hunters\"; therefore, bail bondsmen must apprehend their own fugitives. Bond agents are allowed to sue indemnitors, any persons who guaranteed the defendants' appearances in court or the defendants themselves for any moneys forfeited to the court for failure of defendants appear.[clarification needed]
Several high-profile cases involving bondsman misconduct have led to calls for increased regulation of the industry or outright abolition of the bail for profit industry.[30][31][32][33] One of the most prominent cases, in Louisiana, involved bribery of judges by a bail bonding agency. A far-reaching FBI investigation code-named \"Operation Wrinkled Robe\" led to criminal charges and removal proceedings for various judges, such as Ronald Bodenheimer, and police officers.[34][better source needed]
The American Civil Liberties Union has criticized the practice of bail bonds as a form of injustice against low-income communities and fueling mass incarceration of innocent people, with the ACLU recommending automated text messages or robocalls for court appearances.[35]
In addition to the use of bail bonds, a defendant may be released under other terms. These alternatives include pretrial services programs, own recognizance or signature bond, cash bond, surety bond, property bond, and citation release. The choice of these alternatives is determined by the court.[citation needed]
When you bail someone out of jail, the bail bond company will record a Deed of Trust against your home. A recorded deed of trust means that your property is being used as security for the bail amount.
Bail-bond companies usually charge 10% of the bail amount as their fee. Once the fee is paid, they post the full bail amount with the court. The bail bond fee should not be included in the amount shown on the deed of trust. Generally, there are no payments required on a deed of trust for a bail bond.
If the person you bailed out of jail fails to appear in court, the court will keep the full amount of the bail that was paid to the court by the bail-bond company. The bail-bond company will then demand that you pay the full bail amount. The company may also foreclose on your property to collect it.
If the person you posted bail for completes all of their court appearances, the court will exonerate the bail. This means that the court has returned the full amount of the bail to the bail-bond company.
Once this has happened, the bail-bond company must record a Full Reconveyance. This document removes any claim the bail-bond company has on your property. The Full Reconveyance may not be included in the first mailing but will be sent after the bail has been exonerated and you have paid the bail-bond fee.
In many jurisdictions and situations, you do have the option of paying the full amount of bail yourself. There are many offenses that have small bond amounts. If the jail accepts credit card payments, defendants are also able to charge the amount for a fee.
Defendants also have the option of contacting a bail agent. The reason many people choose to do this is because they only pay a portion of the bond upfront when using an agency. Many times, friends or relatives of the defendant may contact a bail agent on their behalf.
If you decide to hire a bail bondsmen or agent, they will write up a contract to ensure that you understand that you are responsible for the defendant showing up in all court proceedings. If the defendant does not show up, you will be responsible for the full amount of the bail.
Since arrests can happen at any time, bail bond agencies are typically open twenty-four hours a day. Many times, payment and paperwork can be completed electronically which can help expedite the process. The paperwork is a contract between the person posting bail and ensures that they fully understand that they are agreeing to be responsible for the defendant showing up to all court proceedings. The paperwork will also discuss what they have put on the line (some form of collateral) to ensure that person shows up in court. The paperwork will also discuss the fees involved. When contacting a bail agent, they will need to know the full name of the defendant, the booking number and the charges they were brought in for, as well as the location of the jail they are being held. From there, the bail agent will bond the defendant out of jail. When the bail bondsmen is at the jail, they are given the court date, a receipt and all the paperwork involved so that the bail bondsmen has all the pertinent information to follow up with the case. This can take several hours depending on procedures and how busy the jail is.
If the defendant fails to show up to any court proceedings, it will be the responsibility of the bail agent to pay the full amount of bail to the court. From there, the bail agent will hire a bounty hunter to track down the defendant and take them back to jail. If the defendant fails to appear in court, the person who took out the bail bond can lose any collateral or have additional penalties depending on their contract.
Sometimes, judges will consider releasing a defendant on their own recognizance. This means that the defendant signs a written agreement with the court stating they promise to abide by restrictions set by the court and that they will show up for their court date. This type of bond, known as a recognizance bond, means that there are no bail fees. This can save hundreds or thousands of dollars for the defendant. A criminal defense attorney may be able to negotiate with the judge and the prosecutor to have a recognizance bond as an option. In certain cases, this sort of bond will not be considered. This will depend on the type of crime, the jurisdiction and whether the court believes the defendant may be a flight risk. In most cases, violent crimes, felony crimes and gang related crimes will not be considered for recognizance bonds.
A bail bondsman is a professional who posts bail on behalf of a defendant. Bail bondsmen typically charge a fee, which is a percentage of the bail amount. In most cases, bail bondsmen will require collateral before they post bail. This can be in the form of property, cash or investments.
If the defendant fails to appear for their court date, the bail bondsman will be responsible for paying the bail amount to the court. The bail bond contract will also stipulate that the bail bondsman has the right to apprehend and surrender the defendant to authorities in order to recoup their losses.
A bail bond company is a business that offers bail services. Bail bond companies typically offer bail bonds, which are agreements that the bail bond company will pay the bail amount if the defendant does not show up for their court date. Bail bond companies charge a fee, which is usually a percentage of the bail amount. The bail bond company may also require collateral such as property, cash or investments before they issue the bail bond. Bail bond companies typically have bail agents that specialize in bail bonds and can help clients understand the bail process. 781b15