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Frequently Asked Questions
We try to anticipate questions you might have about Bail Bonds
and provide the answers here. If you need additional information
send email to info@bigfishbailbonds.com. |
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Q. | What happens when a person is arrested? |
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A. When an individual is
arrested for a crime, usually that person will be taken to a local
law enforcement station for booking. After they have been booked,
the defendant has several options for release. Which may
include: - Defendant is released with no
charges filed.
- Bail is set by the jail /
court.
- Defendant is released on their own
recognizance (OR'ed). The defendant promises to appear in
court.
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2. |
Q. | What is the procedure
for bailing somebody out of jail? |
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A. Usually, a friend or
relative will contact a bail bond company by phone. The bail bond
company will need basic information such as; the jail location's
city, defendants name and other basic information. You can arrange
to have the bail agent come to your home, jail or other location.
The entire process is usually completed in less than 1 hour. For
most bail bonds, it will be necessary to sign 2 simple documents.
The process is very fast & simple. | |
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3. |
Q. | What is the cost of a Bail
Bond? |
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A. In most states, the
premium is 10% of the bail bond. For example, if the bail bond is
$5,000-then the premium charged by the bail bond company is $500.
This premium amount is non-refundable. The Department of Insurance
strictly monitors the premiums charged. The bail bond companies
have virtually no flexibility in what they can charge. Only in
unusual circumstances should there be any additional fees. Make
sure that the bail bond company explicitly states any additional
charges. | |
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4. |
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A. Sometimes, the bail bond
company will receive collateral in order to ensure that the
defendant appears in court. If the defendant fails to appear in
court, the bail bond company has some leverage to convince friends
/ family / defendant that the defendant needs to appear in court.
When the defendant is unable to be located, the collateral may be
used to pay the court a "forfeiture" (failure to appear). Collateral may take different
forms. These may include: - Real Estate Lien
- Cash
- Automobile Lien
- Boat Lien
- Saving Bonds
- Stocks
- Jewelry
- Other arrangements may also be
made
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5. |
Q. | Do I always need collateral
for a bail bond? |
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A. No. Most of our bonds are
written with no collateral. We look at many factors such as
the length of time at a job, length of time at current residence,
credit rating, character, type of crime and similar factors. These
factors are considered for both the defendant and the bond
co-signer. We realize that not everyone has a perfect
background. | |
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6. |
Q. | If I use collateral for a bail bond, when do I
get it back? |
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A. When the case has been
completed and all obligations are satisfied-the collateral must be
promptly returned. The law strictly mandates this.
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7. |
Q. | If I bail somebody out, what is my
responsibility? |
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A. When you bail somebody
out, you take full responsibility that the defendant shows up in
court. You are not criminally liable, but you are civilly liable.
However, keep in mind that most bail bond problems are easily and
quickly resolved. Rarely, do problems escalate beyond a simple
phone call. | |
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8. |
Q. | What happens if the defendant is not bailed out? |
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A. Usually, the defendant
will remain in custody until the matter has been resolved in
court. | |
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9. |
Q. | What happens if a defendant is bailed out and
fails to appear in court? |
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| A. This is called forfeiture. As a bail bond company, we have approximately 180 days (for California) to get the defendant back into court. Usually, we will call the defendant / bond signer to find out what happened. If it was a simple mix-up, then the bail bond company can make new arrangements for the defendant to return to court. This is common and is no problem. If the defendant can't be located, then the bail bond company may need to locate and bring the defendant into custody. | | | |
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10. |
Q. | Is a Bail Bond Company required
to bail out everyone who asks? |
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A. No. Since
the bail bond companies have their money at risk, they may choose
whom they want to bail out. If you have any other questions---please call
toll free at (888) 212-2245 | |
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