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Q & A - All About Bail |
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What happens first to the person arrested? |
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How long does the booking process take and
what is involved? |
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What happens next to the defendant after
he/she is booked? |
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What does a bail agent do? |
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How long does it take for the defendant
to be released once the bail bond is posted at the jail or the person is released
on an O.R. (own recognizance)? |
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Can I speak to the person who has been arrested
and is waiting to be booked? |
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Does that person get ONLY ONE phone call? |
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Is a bail company the only option available
to get someone out of jail? Are there any other choices? |
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What does a bail company and its agents
do? |
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What is a bail bond? |
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What are the basic steps in securing a
bond - The ABC's? |
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What does a bond cost, who pays for the
bond and how? |
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What about collateral? Is it always needed
to secure a bail bond? Are there other options? |
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If property is needed to obtain a bond,
when is the lien released? |
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When money is used for collateral, when
is the money returned? |
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How long is a bond valid? |
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What happens if the person bailed out is
late for court? Is the bond forfeited? |
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Is an attorney necessary? What about a
public defender? |
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Typically, a friend, relative or attorney contacts Acme on behalf of the person
in jail to arrange for his /her release. This is probably you! If this is your first
time needing a bail bond, we know you have lots of questions. This link will provide
a basic understanding of how bail works.
What you probably already know is that guarantees, both financial and personal,
are needed to get someone released from jail; whether you use a bail company or
go directly to the jail with money (we will explain the difference on the following
pages). There are always many ways to get the job done - just ask and we will try
to accommodate your needs.
We know that everyone has different financial considerations and we, at ACME BAIL
BONDS take pride in servicing each and every client. For 20 years, we have reunited
over 500,000 friends and families. We can get the job done!
The following responses are typical of the many questions asked about bail, jail
and the booking process, about collateral, the 'premium' charged by the bail companies,
exonerations, the public defender, arraignments, and etc.
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Q. What happens first to the person arrested?
A. First, the arresting officer takes the person to jail where he or she is 'booked'
for their particular offense. The following link, www.leginfo.ca.gov/calaw.html,
a website entitled California Law that lists 29 various coded laws for the state
of California. When you check the boxes marked either Penal Code or Health and Safety
Codes, you will get the legal definition for the crime committed. For example, a
charge stated as an H&S 11550 (a) pertains to those under the influence of a controlled
substance.
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Q. How long does the booking process take and what
is involved?
A. The booking process is generally long and tedious for both parties. During this
process the jail is running the arrestee's name and social security for pending
warrants in other states and cities. A copy of the arrestee's fingerprints is sent
to the jail for comparison and identity verification of that individual; photographs
are taken, booking numbers assigned, courts and appearance dates are set, along
with the bail amount; which normally coincides with the charge (offense).
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Q. What happens next to the defendant after he/she
is booked. When can they be bailed out of jail?
A. These are the most common things that happen once a person is booked.
1.Sometimes a defendant is released and no charges are filed.
2.The defendant is released on his/her own recognizance (O.R), however,
the person must make
all court appearances or there will be a warrant issued and the process
begins again.
3.The defendant is released on bail bond.
4.No bail is set and the defendant must remain in jail until he/she
goes to court.
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Q. What does a bail agent do?
A. The bail agent is the person who posts your negotiated bond with the jail and
obtains the release of the defendant. The bail agent cannot post a bond until all
the requirements, listed in the first question, have been met. The jail will not
release anybody without the bail amount defined, the court and date set, and confirmation
that there are no pending warrants.
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Q. How long does it take for the defendant to be
released once the bail bond is posted at the jail or the person is released on an
O.R. (own recognizance)?
A. Generally, there is not much difference in timing between these two types of
releases. The process, once again is up to the jail and depends on the amount of
detainees being processed for release, in other words, whoever comes up first in
the line. The bail agent has no authority over the jail to expedite any detainee's
release.
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Q. Can I speak to the person who has been arrested
and is waiting to be booked?
A. The only way you can communicate with the arrested person is when you receive
a call from that person in jail.
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Q. Does that person get ONLY ONE phone call?
A. While in the process of booking, the person can make many calls, either to you
by collect call, to the bail company (we accept all collect calls), and depending
on jail restrictions, establish a 3-way call between you, the defendant and a bail
office to negotiate bail-only. These calls may be short, but the necessary information
can be made during this time, with appropriate introductions between all parties
that may expedite one's release.
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Q. Is a bail company the only option available
to get someone out of jail? Are there any other choices?
A. For fast release, the jail recognizes two sources:
1) A licensed bail company, registered by the California Department
of Insurance, can post a bail bond. (Always ask to see identification from a bail
agent. Each licensed agent has his/her number listed with the Department of Insurance)
2) Full cash bail deposited with the court *In this case, the full cash
bail will be refunded unless there are court fees and fines outstanding. Your permission
is required for these deductions.
A US Treasury Bond is also recognized by some courts, and this may be a third solution.
In some cases, the court may agree to use property bond as collateral for the defendant's
release. An attorney or the court clerk would best advice you on this matter.
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Q. What does a bail company and its agents do?
A. A bail company is licensed by California Department of Insurance. It is permitted
to write bail (or post bonds) for the state - only, where it is registered. The
bail agent is also licensed by the state, is guaranteed by the bail company and
the state, required to pass an exam, maintain continuing education classes, and
has had a full investigative check on his/her background for any past or present
criminal activity before obtaining a license. Please note that the law strictly
prohibits the bail agent from giving any legal advice.
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Q. What is a bail bond?
A. A bail bond is termed, surety bond. It is a piece of paper - the bail bond, underwritten
or backed by an insurance company (surety). Each bond written must correspond and
not exceed, in face value to that specific amount of bail. This bond is taken by
the jail, more or less, in exchange for the person in jail. Financial guarantees
for each bond are tiered as follows: First, a bonding company is issued bonds through
a privately owned insurance company that has agreed to accept a particular bonding
company to underwrite with their company. When the forfeiture of a bond occurs,
the bonding company has to pay the courts, first. The bonding company then simultaneously
seeks payment from the original indemnifier who negotiated the release of the defendant.
Last, the insurance company, whose authority and power, guarantees all bonds written
by its bonding company, may have to pay for a forfeited bond. Certain financial
guarantees by the bond company are held by its insurance company, so that payments
and good standing with the courts are always maintained. This is why collateral
and strong indemnitors are required. The network of companies, people and financial
guarantees that go into the 'making of a bond' are all about securing the bond until
it is finally exonerated and all liability is released.
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Q. What are the basic steps in securing a bond
- The ABC's?
A. When you call ACME BAIL BONDS we practice the ABC's. They are as follows:
A Ask how we can help you with all your needs
B Believe that we are the best company to help you
C Compete for your business
a. We can help you through a difficult situation. The entire writing of a bond takes
very little time- about 30 minutes. A few short questions and the bond is ok'd!
b. Our knowledgeable agents know what it takes to negotiate the money side of getting
a bond done. It has to be a win-win situation for both parties. We can help turn
a bad encounter with the jails and police into a better experience - someone cares,
that's us!
c. Your business is greatly appreciated. We hope to get your business, keep it and,
if you're ever in a jam again, give us a call- we never sleep!
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Q. What does a bond cost, who pays for the bond
and how?
A. The bond cost, called a premium, is 10% of the bond amount. You, as our client
needing a bond, are responsible for this fee. It is the bail company's source of
income and therefore, non-refundable. It is a fee mandated by the California Department
of Insurance. At ACME, with half down - 5%, this fee can be negotiated with a short-term,
promissory note. Sometimes, 0% applies O.A.C. Now the first part is done. The second
part of negotiating a bond is securing the full value of the bond usually by some
form of collateral - just in case the defendant forfeits.
*Remember, if a person's charges are dropped once the jail has accepted the bond
it becomes a binding agreement and the 'premium' is non-refundable.
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Q. What about collateral? Is it always needed
to secure a bail bond? Are there other options?
A. Collateral is not always needed with Acme Bail Bonds. Your signature may be the
only guarantee necessary, especially if you own a home. In most cases, needing a
bond does not mean that a lien against your property is required. It depends on
the size of the bond, the type of charge(s) and other factors. Our agents will help
you work through this problem. A good job, credit and established residency within
the community constitutes collateral, too.
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Q. If property is needed to obtain a bond, when
is the lien released?
A. Monies will be returned when the bond is exonerated. The same procedures apply
as with property - see question above.
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Q. When money is used for collateral, when is
the money returned?
A. First, the arresting officer takes the person to jail where he or she is 'booked'
for their particular offense. The following link, www.leginfo.ca.gov/calaw.html,
a website entitled California Law that lists 29 various coded laws for the state
of California. When you check the boxes marked either Penal Code or Health and Safety
Codes, you will get the legal definition for the crime committed. For example, a
charge stated as an H&S 11550 (a) pertains to those under the influence of a controlled
substance.
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Q. How long is a bond valid?
A. A bond is valid as long as the case lasts. If the case lasts for more than a
year, but not more than 2 years, the bond company is entitled to another full 'premium'
payment. The same bond continues until the case is completed.
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Q. What happens if the person bailed out is late
for court? Is the bond forfeited?
A. Technically, the answer is yes, the bond is forfeited. The court may view the
defendant's failure to appear as a willful act and issue a bench warrant. The defendant
will then be subject to arrest. If you know the person is going to be late or can't
find the right courtroom, please contact either your bail company to handle the
situation by reassuming the bond, or by contacting the court clerk in any courtroom.
They will direct you to your appropriate court. Always check in with the bailiff
to let them know you are late. It is always best to make a late appearance than
no appearance at all.
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Q. Is an attorney necessary? What about a public
defender?
A. In a criminal matter, the defendant should consult with an attorney. Many attorneys
offer a free consultation. The public defender is appointed to those who cannot
afford a private attorney. At the first court appearance called the arraignment,
the defendant is asked if he/she can afford an attorney. If the answer is no, the
court appoints a public defender.
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Common Sense Rules:
# 1. If you've bailed someone out of jail and know they are going to JUMP- please
call us immediately, so that your financial responsibilities are lessened or removed.
# 2. If you or the defendant has moved, please keep your bail company updated. One
of the benefits of posting bail is the ability to be free and to conduct one's affairs
as usual. Unless instructed by the court, the defendant is free as long as he/she
appears before the court, as directed.
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Bail is the amount of money required by the court to release a defendant from custody and to guarantee his/her appearance in court. Bail can range anywhere from $100 for a simple misdemeanor to more than $1 million for serious felonies. In all cases either cash or a Bail Bond (a financial guarantee) must be given to the court for security. When bail is set high, most will choose to rely on a Bail Bond Agency instead of trying to raise the cash for the full bail amount themselves. Once a bail bond is posted and the defendant is released, the Bail Bond Agency then becomes responsible for that defendants' appearance in court. If the defendant fails to appear when required the court will "forfeit" the bail bond and demand payment from the bail bond agency. The agency, in turn, will do what is necessary to return the defendant to custody and recover their costs. The transaction for having someone released on bond is fairly simple; you are the "indemnitor", or person(s) willing to be responsible for the defendant while they are out on bail, you pledge some property or other assets (collateral) to us to guarantee the bond, we in turn guarantee the cash to the court who will release the defendant soon thereafter. For this service, agencies charge a premium of 10% of the bail amount for state courts and 15% for federal courts, and is not refundable once the defendant is released. The bond stays into effect until the case is over and the court orders the bond "exonerated". Upon exoneration of the bond, the collateral is returned to the indemnitor. I am sure you have more detailed questions about our services and we would be happy to answer them. Please call us 1-866-639-9338 for immediate service |
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Boulder
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Local
303-467-9875
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Toll Free
877-852-9874
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1458 W. 5th ST.
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Boulder
, Colorado 80601 |
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| Applications | | No Form Exist! | | |
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