Bail Bond Frequently Asked Questions ( FAQs )

When the defendant misses a court appearance, a bench warrant is issued for the person’s arrest. The defendant’s name is the entered into a nation wide data base (NCIC) as a fugitive. The defendant’s Bail Agency is obligated by law to arrest the individual as well. This will cause the financially responsible party to incur further costs.

There is (from time to time) a situation where a criminal case may take more than 1 year. In this case, a second premium will be owed to keep the defendant out on bond. It may be wise to contact the attorney and try to get a bail reduction in the 10 or 11 months of the case in order to save a costly renewal premium.

There are remedies that may be available for this situation. Contact the bondsman as soon as possible so that we can discuss your options in full detail with you.

Bondsman are licensed by the state in which they practice. State guidelines provide a set rate. Some bondsman are licensed to write at 8%. This means that the cost of the premium can be reduced, but there are certain provisions and criteria to this rate.

The surety files a rate with the department of insurance, which must be changed. Bail is 10% of the bond amount plus an incidental insurance fee of $10-$15. Discount fees can lead to the suspension or revocation of any agent’s bail license by the department of insurance. There are companies that legally charge 8% and 15% under certain circumstances. Always ask to see a rate chart if you feel that you are being wrongly charged.

A. Where is the person in custody? Make sure that you ask the person in custody where they are located (city, state and name of jail)

B. What is the full name and booking number of the person in jail? The bail agent will need this information in order to contact the jail. The bail agent can get the booking number for you if you do have the information.

C. How much is the bail? The bail agent will get this information when they contact the jail (if you do not already have this information). With the bail amount the agent can tell you the amount it will cost to post a bond and get the person out of jail.

The co-signer is no longer liable for the defendant’s bond when he or she completes all of their court appearances and all premiums have been paid. It is best to contact the agent when the bond is exonerated by the court. This allows the fast return of any collateral pledged and also confirms that the bond is exonerated. In the event of forfeiture, the indemnitor is liable until the full amount has been paid, plus any expenses incurred or until the court exonerates the bond, which then becomes void.

Although there are many common aspects to an arraignment and a trial (held in courtrooms; judge, prosecutor and defense attorney are present), they are very different events in the criminal justice process. No witnesses appear at arraignment and no evidence is presented. Both of these are done later during the trial. The accused person’s guilt or innocence is determined only during the trial, not the arraignment.

Arraignments follow a step-by-step process that goes like this:

1. Calling of the case- The court officer that organizes the cases into the judge’s calendar will announce the case, usually by call out the cases/docket number and then the defendant’s name.

2. The court officer then brings the accused out from the court holding area and places them in front of the judge’s bench. The defense attorney stands next to the accused and the prosecuting attorney stands on the other side of the accused. Everyone involved faces the judge for the proceeding.

In recent years, some arraignments are conducted using closed circuit TV. The accused stands in front of a camera at the jail while the judge, defense attorney, prosecutor, and anyone else involved is in the courtroom with the accused appearing on a TV monitor.

3. The next formal step is for the accused to be read the formal (detailed) charges against them. To save time, the judge will ask the defense attorney if they will waive the reading of the detailed charges. A defense attorney following good courtroom etiquette will agree and explain the charges to their client in private.

4. After taking a moment to review the file, the judge asks the prosecutor for specifics of the case. The prosecutor then provides the court and defense attorney with certain formal notices (which can take many different forms) that may be required by law or procedural custom. The defense attorney can then provide the court and prosecutor with some “cross notices”.

5. Once the paperwork has been exchanged, the judges asks the prosecutor to make a statement regarding bail. The prosecutor then tells the judge whether or not they feel bail should be set (along with reasons) , how much the bail should be , and a very brief description of the case. At this point, those speaking cannot be interrupted by an objection or other motion. Once the prosecutor is finished, the defense attorney can state their reasoning as to whether or not bail should be set and/or the reasons why bail should be kept lower.

6. Once the judge has heard both sides. the y can make their decision regarding bail and then the arraignment is over.

7. The bail is set, the court officer escorts the defendant back to the court’s holding area until bail is posted. If the judge sets a “Release on Recognizance” ( ROR… the defendant is released simply on the promise that they will return on the date of the trial), the defendant can simply walk out the courtroom door. In some states, the defendant is held in jail for a short time while ROR paperwork is processed, then released.

Note 1: For some minor cases, the judge, prosecutor, and defense attorney may discuss resolving the case right then and there in order to save valuable court time for more serious cases.

The judges who sets bail usually have several major factors they use when deciding whether to set bail and then at what rate. None of the factors alone decide the issue.

Seriousness of the Charge

The more serious the charge against the person, the more likely that a high bail amount will be set. For example, someone that is charged with armed robbery will have to post higher bail than someone charged with shoplifting. If the charge is serious enough (such as murder or kidnapping), no bail is set. The accused is remanded (held in jail) until trial.

Prior Criminal History

If the accused has a prior criminal history, then their chances of having a higher bail set (or even being remanded) increase. Also, the number of prior convictions, their seriousness and the time at which they were committed play into the judge’s decision. For example someone convicted of shoplifting when they were a teenager twenty years ago won’t have as much against them as someone that just got released from jail for armed robbery. Prior criminal history means less and less as the crime gets more serious. If someone is accused of first degree murder, then their criminal history will matter very little in the judge’s decision. Once again, for less serious offenses, history plays a larger role.

Prior Bench Warrants

A defendant that has prior bench warrants for their previous convictions has a much greater chance of their bail being set very high or being remanded until trial. Bench warrants are issued when a defendant fails to show up for court. The entire issue about bail centers on whether or not the defendant will show up for his or her court appearances. If they do not show up a warrant is issued. It is possible that past warrants may have been issued is error or issued for invalid reasons. If these can be satisfactorily explained by the defense attorney, the judge may remove the warrants from their consideration.

Ties to the Community

A defendant that has strong ties to the community in which they are accused has a more favorable position in regards to bail. For a misdemeanor or less serious crimes, someone with strong ties to the community may even get released on recognizance, For felonies, those with strong ties to the community will often have a lower bail amount set when compared to defendants who do not have strong ties to the community.

There are several factors that are considered to give the defendant strong ties to the community. One is owning a home or property and living with their family in that community (it also helps if the family is in the courtroom for the arraignment). If they have been a long time resident of that community, that is even better. US Citizenship and employment at a steady full time job are also considered strong ties. An effort to hire a private attorney can also show that the defendant has a stake in sticking around to face the charges. Finally, if the defendant voluntarily surrenders to the police (without having to be arrested), it also shows strong willingness to face charges before them.

The Court Criminal Justice Agency

The Criminal Justice Agency (also known as the CJA or Pre-Trial Services) makes recommendations with respect to releasing each defendant. Obtaining a good recommendation from the CJA is a plus for the defendant, but the judges are not bound by the CJA’s recommendation and there is a lot of debate as to how much influence the CJA has in the judge’s decision.

The Judge

The judge that handles the arraignment of the defendant is different from the judge that will handle the trial. Since a typical arraignment judge handles between 80-100 arraignments in a day, they are not particularly interested in getting to the bottom of the case. The arraignment judge is not there to hear any evidence or conduct an investigation. they are there to take care of that part of the criminal justice process, which is to make sure the defendant is properly charged and to determine whether or not bail is set and if set , at what amount.

Judges are given a large amount of discretion when setting bail. Their attitudes and experiences when setting bail vary widely form judge to judge. Some judges set bail in most of their cases, others release many of their defendants while some others have a fairly even split. The less experienced the judge, the more likely they are to “play it safe” and either remand the defendant (as compared to setting bail) or set bail (as compared to releasing on recognizance).

The Prosecutor

The prosecutor handling the arraignment is usually an assistant and doesn’t have much more than a passing interest in the case. however, the better the prosecutor, the more likely a defendant is remanded or has a bail set.

The Defense Attorney

The arraignment can be among the most important few minutes of the case. Hiring a good defense attorney can be the difference between being remanded or having bail set ( or having bail set versus getting released on recognizance), Hiring a lawyer to guide the defendant through the arrest and arraignment process can also reduce a lot of the stress on the defendant’s family. A private attorney hired in time for the arraignment can explain and monitor the process to reassure the defendant’s friends and family that their loved one is getting their due process. The earlier an attorney is involved in the process, the more they can protect their client.