Boating under the influence or BUI is a condition in which an individual operates a jet ski, motor boat, canoe or a water vessel under the influence of either drugs or alcohol. It is an action that can have grave lawful and individual repercussions for you and other individuals out on the water. Continue readings
Halloween is a holiday that many people look forward to for months before it happens. From the candy to the costumes and parties, there’s something for every kid and adult to look forward to. For adults though, Halloween can sometimes cause interesting legal difficulties if the party gets out of hand. Continue readings
Bail bonds accord individuals accused of a crime temporary freedom pending their trial. This raises the issue of public safety if indeed these individuals are guilty. What if a person out on bail commits a crime again?
The bail industry always comes on top of other forms of release in terms of effectiveness. The big question is whether bail agents keep the community safe or put it at risk by securing the release of suspects. In a recent survey, The American Judges Association Conference found that many judges are confident releasing accused persons whose bail is secured by bail bond agents than those whose bail is offered by pre-trial releases agencies.
Many reality TV shows and Hollywood films have obscured the way the bail bond industry works. There is a huge misconception and negative image of the criminal justice system, most of which have been contributed by the media.Bail bond agents play an important role in the criminal justice system. The professionals take time to understand the risk associated with a bail bond and underwrite it correctly. Don’t misunderstand this with what the fugitive recovery professionals in reality TV shows portray. Fugitive recoveries only make the bail process effective.
Bail bond agents offer a financial security to ensure that defendants will appear in court for trial on the dates when their cases will be mentioned. The security can be a cash deposit or surety bail. The agents are very helpful in instances where someone is wrongfully arrested or made a wrong decision. If you are arrested for a crime, you can get out of jail on bail and continue with your work or responsibilities as you await the hearing of your case.
The bail bond industry also helps to reduce the costs associated with incarceration. This means that taxpayers’ money can better be utilized to house jail inmates.Bail bonds may seem like a necessary evil. However, what if a ruthless criminal is out on bail? This question makes most people think that bail bond agents should not be part of the criminal justice system.
Bail jumping is a criminal offence in which a defendant intentionally doesn’t appear at their appointed court date.
The Consequences of Bail Jumping
There are certain events that will occur after bail jumping. For example:
- The money that was posted for bail will be fore-fitted.
- Additional charges will be filed, which could lead to a longer jail sentence or higher fine.
- An arrest warrant will be issued.
The indemnitor is the individual who signs the bail bond. When this happens they will take on the responsibility of the arrestee. This means that it’s up to them to ensure that they show up to a court date. If the defendant misses their scheduled court date then the indemnitor will held responsible and will lose their money. In most cases the indemnitor is a family member or friend.
How to get Help
If you suspect that someone you know is going to skip bail then you should place all of your efforts into trying to contact the individual so you’ll be able to convince them to show up for the court proceeding. If you can’t get hold of them, then try to contact other family members and friends to make them aware of the situation. They will then be able to inform the defendant if they come into contact with him/her to let them know that you’ll be held accountable for their actions.
If you find yourself having to bail someone out of jail, then it’s important that you understand the legal process before you make your final decision. When you bail someone out you take on the responsibility for that individual, and you will be held accountable for their actions if something goes wrong.
The Deed of Trust
Bailing someone out requires a Deed of Trust. This is recorded against your home and means that your property is used as collateral. If the defendant you are responsible for doesn’t show up for their court appearance, and if you don’t have the cash for pay off the bail, then your home could be used to pay the fees.
Ten percent of the total bail amount will go to the bail bond company as a fee for their services. Only when the fee has been paid will they post the bail to the courts.
The worst thing that could happen is if the individual you are responsible for fails to make their court appearance. If this happens the bail bond company will demand the full amount, this could include your house.
If everything runs smoothly and the defendant shows up to court, then the court will return the full amount of the bail to the bail bond company. When this happens the bail bond company records a full reconveyance. This is a document that will remove any bail bond claim on your property.
Problems to Watch Out For
Contact a professional if any of the following has occurred:
- The Deed of Trust has been forged.
- The Deed of Trust has been altered after it’s been signed.
- Your property has been used for a bail bond without you knowing.
- The bail bond company won’t give you a full reconveyance after you’ve paid the fees and the defendant you are responsible for has turned up to court.
It’s always important that you learn as much about the process as you can prior to posting bail. This was you’ll be able to make more educated decisions on whether or not to continue.
Whether it is you or a friend/family member, sometimes trouble can come your way. In some cases, that trouble is a jail cell. You don’t want to sit in a cell waiting for your court date, and there is a process where you can be released: bail.This may be your first time in this type of predicament and there are some terms you need to know and understand before going through the bail process and getting bail bonds to help get you to the outside world (AKA freedom).
Arrest: This is an act of police or law enforcement to take a person into custody.
Bail: Some form of pledge to the court made in the way of property or money to gain the release of an individual. Usually this will be released back to the person as long as the defendant shows up to all court hearings.
Bail Bondsman: This is a person or persons that will pledge surety for the defendant and will pledge the money. Basically they’re the people who help post bail bonds to get you out of jail.
Bounty Hunter: When a defendant “skips” bail, this is the person who will track them down for an immediate arrest.
Cash Bond: This is when the court sets bail to a cash only standard.
Collateral: This is property such as cars, homes, etc. that the defendant would sign over as surety against the bond debt.
Fugitive: This is a person who is fleeing custody.
Indemnitor: The person responsible for initiating the bond request and who signs the contract gaining release for their loved one.
Sentence: This is the punishment handed down by the court if a defendant is found guilty.
All of these terms are used in the bail bonds process. Be sure you know what these terms mean in case trouble ever comes knocking at your door.
So you or a loved one got into some trouble with the law. It can happen to anyone, but now you’re wondering, “How do I get out of here?” Well, you don’t have to worry – any citizen of the United States possesses a Constitutional-protected right to be presented with affordable bail options unless the courts have provided sufficient evidence that you should not. If that isn’t the case, you will find a hard-working bail bondsman to rearrange most bail bonds in Orange County saving yourself and your family stress and money.
Once you get locked into this unfortunate situation, here is what you can do to get out of jail and ensure freedom:
After the jail officers process you into the jail system, you’ll be given the bail amount needed for release. This is when you contact a bail bondsman to make arrangements. The jail may have a phone book that will provide companies who will arrange bail bonds in Orange County, or you can ask around to find a good bail bondman in Orange County. There are also many bail agents who provide bail bonds in Anaheim because of its proximity to the OC Jail.
A bail bondsman may require a percentage of the bail ordered, which is usually 10% in California. Some bail agents may also require collateral from you or the relative/family friend signing for you (property deeds, car titles, etc.).
Once a bail bondsman agrees to represent you, they are taking on the responsibility of you appearing in court when you are required. If you do not show up when you are summoned, the bail bondsman will be required to pay the entire amount of bail to the court, and this most likely means that you will now be pursued by the police, or even a bounty hunter.
Whether or not you, a friend or a family member has ever needed a bail bondsman, sorting out what they do and how to get one can be confusing.
Bail Bondsman – A Bail Bondsman, or someone who provide bail bonds, is called after someone is arrested and a judge has set bail so the person can be released.
Secures the Bail – The bondsman will secure the bail, essentially promising that the defendant will show up to court.
Costs – The bail bondsman, also called a bail agent, charges a fee, usually a percentage of the bond, for their services. This fee is not refundable. While the bond fee is most often cash, sometimes a property deed or car title can be used as well. Some agents have a pre-arranged line of credit so they can offer a blanket bond to the courts during non-business hours.
Failure to Show – If a defendant fails to show up for their court date, the bondsman can hire a bounty hunter to find the person and turn them over to the police. The judge can then revoke the bail, making the bondsman no longer responsible for the full amount of the bail. If the defendant skips the court date and is never found, the agent must pay the entire bond plus any additional court costs.
Hours of Operation – Most bail agents offer their services all day, every day, For example, our bail bonds in Orange County are available 24 hours a day, 365 days a year. Most have pre-arranged contractual agreements with the local legal system, so moving through the court system can be done quickly and easily.
Becoming a bail bondsman varies from state to state; however, it usually requires taking a course and passing a written exam. In addition, bail agents must have bonding and insurance to be licensed.