Bail Bonds: History
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The concept of bail dates back to the origination of English law. Sheriffs knew that long periods of time could pass from the arrest to the trial date or preliminary hearing. These sheriffs managed the jail and were frequently the bail officers. At that time, jails were easy to escape from; and keeping someone in prison was costly and problematic. By law, a sheriff whose prisoner escaped was hung for the offense. In addition, the jail environment was unsanitary; and prisoners could die before trial. Bail bonds posted by friends and family, who took the responsibility for the accuser’s court appearance, then became the prison release of choice. The thought behind this idea consists of the belief that the family will keep track of the accused instead of forfeiting their property, Due to the strong family tie; it was assumed that the accused would appear for trial to protect the interest used for his bail. In addition, bail prevented the punishment of imprisonment until the accused was found guilty of the crime. These ideas later became part of the U.S. legal system and are protect in the right to due process in the event of a criminal offense.
May be ordered by a judge when defendant is a threat to the community or risk of flight.
Why Bail Bonds Work
Being private enterprise more defendants will appear for trial without cost to taxpayer or government.
In many states, the bail bondsman is required to obtain a license from the state insurance commission. The minimum age requirement to obtain a bail bondsman license is 18 years old. In many instances, twelve hours of pre-licensing class time are required. This class time covers the legal aspects of providing bail bonds, including the rights of the accused and ethical a business practices. A surety company bond for usually 1 thousand dollars is also required to be filed along with the state department of insurance application. Copies of all of the agreements used in business should also be provided for review by the insurance commission. Fingerprints are also required to be on file with the application. Applicant must pass the department of insurance’s written exam. Most licenses are issued to individuals and are valid for one year. License renewal requires an additional fee and six additional classroom hours. For additional information on the bail bond licensing process, contact your state insurance commission.
Bail Bondsman Code of Ethics
The behavior of bail bondsmen and any bail bond service is covered by a code of ethics. The code of ethics specifies the bond agents’ duties regarding their clients, community, and competition for clients. Bondsmen owe their clients the best effort to post bail within a specific time frame. A bond agent also has the obligation to turn down clients in certain instances. Specialized bonds should be handled by experienced bond agents. A bond agent should tell the client if they’re unable to handle the bonding situation. Bond agents have the responsibility to exercise care and protect the personal property put up for collateral aspects of using collateral should also be familiar to the bond agent. Bondsmen are liable for negligent acts regarding the collateral or business dealings. The bond agent should not discriminate based on race, religion, or national origin. The bond agent should also operate fairly to avoid conflicts with other licensed bond agents. The bondsman should make every effort to explain the disclosure agreements and bail documents. Additional information on the code of ethics can be obtained from a bail bondsman in your area.
Confidentiality Relationship with Bail Bondsman
A bail bond service provides a confidential source of funds for your bail. The services of a bail bond agent can prevent you from having to approach friends, family, banks, and other financial sources to obtain the bail amount. Using a bail bondsman allows you to complete the paperwork in one sitting. This prevents headaches and allows you to focus on your defense. You can easily determine and sign over collateral items at one time. It prevents the need to transfer funds at a numerous financial institutions. The bonding services allows you to maintain some control over your defense. It prevents the need to transfer funds at a numerous financial institutions. The bonding services allow y0o to maintain some control over your circumstances and the information regarding the charges pending against you. Bond agents work in your corner to gain you release as soon as possible. Although confidentiality is not guaranteed by the code of ethics most Bond agents use discretion.
The bondsman should provide complete disclosure of the bond process and release advice while and attorney is present if possible. For additional information on bail bond agent confidentiality, contact a bail bondsman. Bail bond services offer many convenience features. Bail bondsmen are familiar with the procedures to gain your release from jail. They can use their experience to help you gain a faster release. A great majority of bond agents are open 24 hours a day, seven days a week, or all hours of jail operation. This allows you to gain release when a bail amount is known. Bond agents are able to complete the paperwork in normally one meeting, either in their office of at the jail facility. Bail bondsmen have the ethical obligation to inform you of any facts that would normally be of interest to you while applying for a bail bond. They will explain the disclosure forms so you understand what you’re signing. Some bail bond agencies can even help prevent arrest by posting a bail bond for you in another jurisdiction where you may have a charge pending against you. Speak with a bail bondsman to learn more about their convenient service features.
When you need to post bail, payment arrangements van make a big difference, may bail bond agencies now accept credit cards to cover the premium payments needed to secure the bond. Automatic teller machine cards may also be accepted at some agencies depending on the charge, some motor vehicle emergency clubs my provide bail bond assistance. The majority of them cover exclusively traffic violation nm and guaranteed bond amounts vary. Financing premium payment may also be available. Payment arrangements are the sole discretion of the bond agent. Bond agents can request the maximum legal premium payment to take less with additional installment payment plans. Payment agreements are specific to each bail bond. The more willing the bond agent is to work with you to come up with the funding for a premium payment; the faster you or your family member can be released from jail. Contact a bail bondsman for specific information on payment arrangements available in your area.
Premium payments represent the bail bondsman’s fee for securing your release from confinement. This fee is normally restricted by law to a certain percentage of the bail amount. For example, if bail is 10 thousand dollars then the premium fee of ten to fifteen percent would be 1 thousand or 15 hundred dollars. Depending on the charges and the duration of the t5rial, another premium payment may be required. Generally, the premium paid is only valid for one year. The remaining amount of the bail bond is covered by collateral. The premium amount is not refundable, regardless of the disposition of the charges against the accused. The collateral will be released, assuming the court has come to a decision and bail terms were satisfied. If you flee the court, or “jump bail”, the entire premium payment and collateral will be seized by the bonding agency. Paying premium payment to bond agents can save you money and allow you to manage your money instead of paying a cash bond to the court for the entire bail amount. A bail bondsman can provide additional information on premium payments.