Frequently Asked Questions & Answers
At our company, we strive to anticipate and address any questions you might have regarding our products and services. We understand that navigating your options can sometimes feel overwhelming, so we’ve compiled a list of common inquiries and their answers right here.
What is a Bail Bond?A bail bond is essentially a financial guarantee submitted to the court, ensuring that a defendant will appear for all scheduled court appearances while their case is ongoing. When someone is arrested and charged with a crime, they may have the option to be released from jail by posting bail. This bail serves as a form of insurance for the court, promising that the defendant will return for their hearings. In summary, a bail bond serves as a crucial mechanism in the legal system, balancing the rights of the accused with the court's need to ensure defendants appear for their proceedings. It allows individuals to regain their freedom while navigating the complexities of the legal process. Once the bail bond is posted, the defendant is released from jail, allowing them to prepare for their case while remaining in the community.
What does it mean when I sign the contract for the defendant to be released? When you sign the contract to facilitate the release of a defendant from jail, you are entering into a legally binding agreement with the bail agency. This contract outlines your responsibilities and the conditions of the bail bond. Your responsibility does not end until the case is fully resolved, meaning you will remain accountable throughout the judicial process. Once a judgment is reached, whether guilty or not guilty, your obligation to the bail bond concludes.
What age is a person considered an adult?A person is considered an adult at the age of 18. Parents/Legal Guardians are responsible for minors until they reach 18; however, once a minor reaches the age of 16 he/she will be processed and handled in the court system as an adult for any crime committed. In most jurisdictions in the United States, a person is considered an adult at the age of 18. This is the age at which individuals typically gain the legal rights and responsibilities associated with adulthood, such as the ability to vote, enter into contracts, and be tried as adults in criminal cases.
How much of the bond money do I get back after the bond case is closed & reach a judgement?Once the bond case is closed and a judgment is reached, you typically DO NOT get back the bond money you paid. Instead, you pay a premium, which ranges from 10% to 15% of the total bond amount. If you want a refund, you need to pay the magistrate the full bond amount to obtain a refund after the case is disposed.
Is a defendant released on bail really in the custody of the posting Bail Agency?Yes, when a Bail Agency posts a Bail Bond with the jail or court, they take responsibility for ensuring the defendant appears at all future court dates. However, the defendant is not physically in the custody of the Bail Agency. If the defendant fails to follow the terms and conditions set by the Bail Agency, they risk being returned to jail. While the agency provides the comfort of not being in a jail cell, failure to communicate or check in as required can lead to the defendant being taken back into custody.
Do I need collateral?Whether you need collateral depends on the specific circumstances of your case. High bail amounts may necessitate collateral to secure the bond. Since every case is different, it's best to contact the Bail Agency directly if you have questions or need more information.
What can I put up for collateral?If you're a homeowner, you may only need to provide a signature for collateral, or a lien may be placed on your home, depending on the bond amount and the required equity. Other forms of collateral can vary, so it’s best to discuss your specific situation with the Bail Agency for more details.
What happens if a person is released on Bail, but the case is dismissed? Do I still owe the premium?Yes, if a person is released on bail and the case is later dismissed, you still owe the premium to the bail company. The commission is earned once the defendant is released on a Bail Bond, as bail companies cannot predict whether the District Attorney will close a case. This situation is akin to purchasing a car—if the car is damaged, you still have to pay off the remaining balance on the loan. Therefore, once you sign a note for a payment plan, you are responsible for the full balance until it is paid in full, regardless of the case's outcome, including dismissal, probation, or sentencing. This is mandated by law.
What happens if the defendant is put back in jail for a new charge or has been surrendered for violating their bond, do I still owe the balance of the outstanging money owed?Yes, you still owe the outstanding balance if the defendant is put back in jail for a new charge or if they are surrendered for violating their bond. There’s no way to predict future events that could lead to the defendant being incarcerated again. Once you sign a Memorandum of Agreement with a bonding company, it becomes a binding contract and a loan that must be fulfilled until the balance is paid in full. If your financial situation changes, you may be able to negotiate new arrangements with the company to lower your payments by extending the terms, but this requires a new agreement to be revised and signed by all parties involved. What are the 7 reasons a defendant may be placed back in jail by a Bail Bond Agent
It is agreed that the defendant can and will be arrested and returned to jail, without refund of your bond fee, for ANY of the following reasons:
(1) Willfully fails to pay the premium to the surety or willfully fails to make a premium payment under the agreement specified in G.S. 58?71?167.
(2) Changes his or her address without notifying the surety before the address change.
(3) Physically hides from the surety.
(4) Leaves the State without the permission of the surety.
(5) Violates any order of the court.
(6) Fails to disclose information or provides false information regarding any failure to appear in court, any previous felony convictions within the past 10 years, or any charges pending in any State or federal court.
(7) Knowingly provides the surety with incorrect personal identification, or uses a false name or alias. (1963, c. 1225, s. 5; 1975, c. 619, s. 1; 1998?211, s. 30; 2001?269, s. 2.3; 2007?399, s. 1.)
What if the person I bail out does not show up on their assigned court date?If the person you bail out does not show up for their assigned court date, the court will issue a warrant for their arrest. You will also receive a notice about the failure to appear. In this situation, you have options: you can either work on reinstating the bail with the court or surrender the defendant back into custody. If you need assistance with either process, it's advisable to contact the bail bond service you used for support. What if the person I bail out gets re-arrested in a different county or state?If the person you bail out gets re-arrested in a different county or state, it's crucial to call your bail bond service immediately. They will help ensure that you are protected and provide guidance on the next steps. Communication is key in this situation, as our contract is with you for the defendant. The bail bond service will assist you as their customer in navigating the re-arrest or getting you released from the bond after we communicate with the DA, depending upon the situation. Are there any additional legal fees or charges I need to pay?Yes, there can be additional legal fees or charges you may need to pay. If there is a forfeiture—meaning the defendant fails to appear in court—you, as the cosigner of the bond, will be responsible for paying the face amount of the bond if the defendant is not returned to the bail agent or county jail in a timely manner. In the worst-case scenario, if the defendant cannot be located, you could face a Legal Judgment, requiring you to pay the entire bond amount. It's important to understand these potential costs when bailing someone out.
Should I get an attorney to request a bail reduction?If a case has been filed at the court by the District Attorney's office and the bail amount is too high for you to afford, then you may want to seek the advice of an attorney regarding possible bail reduction.
Can a Bail Bond Company refer the defendant an attorney to handle his/her case?No, a bail bond company cannot legally refer a defendant to an attorney for handling their case. However, they can direct the defendant into using the internet to find an attorney who specializes in the relevant laws related to their charges. It's important for defendants to seek legal counsel independently, as bail bond companies are prohibited from making direct referrals.
Can you assist me because my son/daughter is in jail for child support?No, we are unable to assist with cases related to child support because it is considered a civil matter. In such cases, the magistrate requires the full face amount of the bond to be paid in cash to the court or magistrate. Bail bond services typically do not cover child support issues, so it's important to address this matter directly with the court. HOW DO I BECOME A BAILBONDS WOMAN/MAN?You would first need to find a local office that is hiring agents. Then they should provide you with all the necessary tools down the right paths. If all fails please go to this site https://www.ncdoi.gov/licensees/bail-bondsmen-licensing/become-bail-bondsman-or-runner
What is a Bail Bond?A bail bond is essentially a financial guarantee submitted to the court, ensuring that a defendant will appear for all scheduled court appearances while their case is ongoing. When someone is arrested and charged with a crime, they may have the option to be released from jail by posting bail. This bail serves as a form of insurance for the court, promising that the defendant will return for their hearings. In summary, a bail bond serves as a crucial mechanism in the legal system, balancing the rights of the accused with the court's need to ensure defendants appear for their proceedings. It allows individuals to regain their freedom while navigating the complexities of the legal process. Once the bail bond is posted, the defendant is released from jail, allowing them to prepare for their case while remaining in the community.
What does it mean when I sign the contract for the defendant to be released? When you sign the contract to facilitate the release of a defendant from jail, you are entering into a legally binding agreement with the bail agency. This contract outlines your responsibilities and the conditions of the bail bond. Your responsibility does not end until the case is fully resolved, meaning you will remain accountable throughout the judicial process. Once a judgment is reached, whether guilty or not guilty, your obligation to the bail bond concludes.
What age is a person considered an adult?A person is considered an adult at the age of 18. Parents/Legal Guardians are responsible for minors until they reach 18; however, once a minor reaches the age of 16 he/she will be processed and handled in the court system as an adult for any crime committed. In most jurisdictions in the United States, a person is considered an adult at the age of 18. This is the age at which individuals typically gain the legal rights and responsibilities associated with adulthood, such as the ability to vote, enter into contracts, and be tried as adults in criminal cases.
How much of the bond money do I get back after the bond case is closed & reach a judgement?Once the bond case is closed and a judgment is reached, you typically DO NOT get back the bond money you paid. Instead, you pay a premium, which ranges from 10% to 15% of the total bond amount. If you want a refund, you need to pay the magistrate the full bond amount to obtain a refund after the case is disposed.
Is a defendant released on bail really in the custody of the posting Bail Agency?Yes, when a Bail Agency posts a Bail Bond with the jail or court, they take responsibility for ensuring the defendant appears at all future court dates. However, the defendant is not physically in the custody of the Bail Agency. If the defendant fails to follow the terms and conditions set by the Bail Agency, they risk being returned to jail. While the agency provides the comfort of not being in a jail cell, failure to communicate or check in as required can lead to the defendant being taken back into custody.
Do I need collateral?Whether you need collateral depends on the specific circumstances of your case. High bail amounts may necessitate collateral to secure the bond. Since every case is different, it's best to contact the Bail Agency directly if you have questions or need more information.
What can I put up for collateral?If you're a homeowner, you may only need to provide a signature for collateral, or a lien may be placed on your home, depending on the bond amount and the required equity. Other forms of collateral can vary, so it’s best to discuss your specific situation with the Bail Agency for more details.
What happens if a person is released on Bail, but the case is dismissed? Do I still owe the premium?Yes, if a person is released on bail and the case is later dismissed, you still owe the premium to the bail company. The commission is earned once the defendant is released on a Bail Bond, as bail companies cannot predict whether the District Attorney will close a case. This situation is akin to purchasing a car—if the car is damaged, you still have to pay off the remaining balance on the loan. Therefore, once you sign a note for a payment plan, you are responsible for the full balance until it is paid in full, regardless of the case's outcome, including dismissal, probation, or sentencing. This is mandated by law.
What happens if the defendant is put back in jail for a new charge or has been surrendered for violating their bond, do I still owe the balance of the outstanging money owed?Yes, you still owe the outstanding balance if the defendant is put back in jail for a new charge or if they are surrendered for violating their bond. There’s no way to predict future events that could lead to the defendant being incarcerated again. Once you sign a Memorandum of Agreement with a bonding company, it becomes a binding contract and a loan that must be fulfilled until the balance is paid in full. If your financial situation changes, you may be able to negotiate new arrangements with the company to lower your payments by extending the terms, but this requires a new agreement to be revised and signed by all parties involved. What are the 7 reasons a defendant may be placed back in jail by a Bail Bond Agent
It is agreed that the defendant can and will be arrested and returned to jail, without refund of your bond fee, for ANY of the following reasons:
(1) Willfully fails to pay the premium to the surety or willfully fails to make a premium payment under the agreement specified in G.S. 58?71?167.
(2) Changes his or her address without notifying the surety before the address change.
(3) Physically hides from the surety.
(4) Leaves the State without the permission of the surety.
(5) Violates any order of the court.
(6) Fails to disclose information or provides false information regarding any failure to appear in court, any previous felony convictions within the past 10 years, or any charges pending in any State or federal court.
(7) Knowingly provides the surety with incorrect personal identification, or uses a false name or alias. (1963, c. 1225, s. 5; 1975, c. 619, s. 1; 1998?211, s. 30; 2001?269, s. 2.3; 2007?399, s. 1.)
What if the person I bail out does not show up on their assigned court date?If the person you bail out does not show up for their assigned court date, the court will issue a warrant for their arrest. You will also receive a notice about the failure to appear. In this situation, you have options: you can either work on reinstating the bail with the court or surrender the defendant back into custody. If you need assistance with either process, it's advisable to contact the bail bond service you used for support. What if the person I bail out gets re-arrested in a different county or state?If the person you bail out gets re-arrested in a different county or state, it's crucial to call your bail bond service immediately. They will help ensure that you are protected and provide guidance on the next steps. Communication is key in this situation, as our contract is with you for the defendant. The bail bond service will assist you as their customer in navigating the re-arrest or getting you released from the bond after we communicate with the DA, depending upon the situation. Are there any additional legal fees or charges I need to pay?Yes, there can be additional legal fees or charges you may need to pay. If there is a forfeiture—meaning the defendant fails to appear in court—you, as the cosigner of the bond, will be responsible for paying the face amount of the bond if the defendant is not returned to the bail agent or county jail in a timely manner. In the worst-case scenario, if the defendant cannot be located, you could face a Legal Judgment, requiring you to pay the entire bond amount. It's important to understand these potential costs when bailing someone out.
Should I get an attorney to request a bail reduction?If a case has been filed at the court by the District Attorney's office and the bail amount is too high for you to afford, then you may want to seek the advice of an attorney regarding possible bail reduction.
Can a Bail Bond Company refer the defendant an attorney to handle his/her case?No, a bail bond company cannot legally refer a defendant to an attorney for handling their case. However, they can direct the defendant into using the internet to find an attorney who specializes in the relevant laws related to their charges. It's important for defendants to seek legal counsel independently, as bail bond companies are prohibited from making direct referrals.
Can you assist me because my son/daughter is in jail for child support?No, we are unable to assist with cases related to child support because it is considered a civil matter. In such cases, the magistrate requires the full face amount of the bond to be paid in cash to the court or magistrate. Bail bond services typically do not cover child support issues, so it's important to address this matter directly with the court. HOW DO I BECOME A BAILBONDS WOMAN/MAN?You would first need to find a local office that is hiring agents. Then they should provide you with all the necessary tools down the right paths. If all fails please go to this site https://www.ncdoi.gov/licensees/bail-bondsmen-licensing/become-bail-bondsman-or-runner