Most common bail bonds questions:
Tuolumne Bail Bonds answers all of your questions and provides the services needed when jail time is impending. Bail bond laws vary from state to state, but understanding the basic rules regarding posting bail bonds will help you make a more informed decision when you need to act now. Below, you will find easy-to-understand answers to some of the most commonly asked questions regarding the bail money process. If you have additional questions, simply contact our office.
Q. What are the different bonds?
Cash Bond:
This bond is mandated by the court ordering the defendant to pay all monies directly to the court. Once all matters are satisfied, a percentage of the money paid is returned.
Bail Bond:
This type of bond is also known as a surety bond. It basically is a contract by which one party agrees to make good on the default or debt of another. This is often obtained through a bonding company, such as Tuolumne Bail Bonds. The bonding company guarantees the entire amount of the bond to the court and ensures the defendant is present at all of the court dates. If the defendant fails to adhere to the court’s instructions or fails to appear, the bonding company then apprehends the defendant or pays the court the entire bond.
Own Recognizance:
(O/R) Bond: This applies when a defendant is released on their own recognizance. The defendant signs a written promise to appear in court, and no bail money is required.
Property Bond:
This type of bond involves putting up real estate as collateral and can take several weeks. Equity in the property has to be equal to 150% of the total bond amount. In addition, fees on the property bond are likened to escrow fees, as well as appraisal and title search fees. Note: If the defendant fails to complete court requirements, the court can foreclose on the property.
Q. How do I post bond for someone?
You will be instructed to complete an application in person, by phone, fax, or email. A consultation then takes place. During the consultation, you will be advised of the risk involved and all obligations of the bond. Once all of the information is processed and you are approved, the paperwork needs to be finalized for the acceptance of payment, after which our licensed bail agent posts the bond and we get your friend or family out of jail.
Q. Can the bail premium be altered or changed?
No bail agent in the State of California is permitted to negotiate bail premiums legally. There may be some bail bond companies or agents that try to get your business by offering a discount or cheaper rate, but it is illegal to charge any more or less than the state-approved rate. This is important to keep in mind, especially if you are using your house as collateral. You don’t want to engage with a bonding company that operates unethically. Tuolumne Bail Bonds always operates within the state-approved rates.
Q. Do you offer financing or payment options?
We do offer financing for qualified applicants. Payment options can also be worked out in such a way that meets your current budget. There are no fees for financing and cosigners are accepted if needed.
Q. What type of collateral is required?
Collateral is something of value that is used to secure a debt or ensure payment. Once the defendant has met all of the court’s requirements and appeared for all ordered court hearings, the bail bond company must return all collateral that was received and accepted. Some forms of collateral accepted are real estate and cash.
Q. Can I pay the full amount of the bail set by the court?
Yes, you can. The money needs to be paid directly to the Clerk of Courts in the relative jurisdiction. Courts throughout the state of California may differ in the process and requirements. Contact them to be certain of your options and restrictions.
Q. Is bail a matter of right?
Although the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right. However, with certain exceptions a defendant charged with a criminal offense shall be released on bail. Persons charged with capital crimes when the facts are evident or the presumption of guilt great, are excepted from the right to release on bail. However, a defendant charged with a capital crime is entitled to a bail hearing in the trial court to determine whether the facts are evident or the presumption great. A capital crime is an offense that a statute makes it potentially punishable by death or life imprisonment, even if the prosecutor / government has agreed not to seek the death penalty. It is presumed that the risk of flight of the defendant is too great when he or she is facing death or life in prison without the possibility of parole.
Q. When does a bail bond expire?
When the bail has served its purpose, the surety will be exonerated (i.e., released from the obligation). Exoneration normally occurs when the proceeding is terminated in some way or on the return of the defendant to custody. After conviction, the defendant appears for sentence. If sentenced to jail confinement or imprisonment the defendant is committed to the custody of the sheriff, and the liability of the surety/s’ is discharged.
Q. What if the defendant is sentenced to probation?
A defendant who is convicted and given probation, is released from custody and the bail bond must be exonerated as a matter of law.
Q. What is the difference between a surety and a professional bail bondsman?
A professional bail bondsman is a bail bondsman who pledges his or her own property / security to guarantee the bail bond to the state. A surety bail bondsman utilizes the financial strength and backing of an admitted insurance company. A surety bail bondsman is also able to post federal court and immigration bail bonds, where a professional bail agent is not.
Q. Can Tuolumne Bail Bonds write a bond anywhere in California?
While we provide our bail bond service throughout all counties in the State of California and many counties throughout the United States, we are laser focused and lightning fast at getting people free from Tuolumne County Jail. We are the best.