The law varies by state, more information will be provided by our
licensed bail agents.
1.
What happens after a person is arrested? The arresting
law enforcement agency takes the defendant into custody a number
of things can happen. Most commonly:
* The defendant is released. No charges filed.
* The defendant is released on his/her own recognizance. (O.R.)
* The defendant is release on a bail bond.
* The defendant remains in custody (jail) until his/her arraignment
before the court.
2.
What does a bail agent do? A bail agent is licensed to
transact all aspects of bail required to have a defendant released
from jail or court custody through the use of a surety bond. The
agent is licensed by the state and is required to pass and exam,
as well as a thorough background investigation. The law strictly
prohibits any bail agent from giving legal advice.
3.
Do I have to use a bail agent to get someone out of jail?
What are my options? No, while most state have similar laws, you
should call and discuss your situation with one of our trained underwriters.
Some of the options available are:
* Pay the full cash bail directly to the court in the form of cash,
cashier's check or money order.
* Pay the full cash bail in the form of funds from the US Treasury.
* Accommodation can sometimes be made through the court to use real
property as collateral. The laws vary and can be very specific as
to how this is negotiated. You should consult with your attorney
or the court clerk for more details.
* Post a bail bond. This is also referred to as a "surety bond".
This can only be accomplished through a licensed bail bond company
such as Acme Bail Bonds. Always ask to see identification from anyone
who claims to be a bail agent.
4.
What happens after the defendant is released on bail? Three
steps:
* Arraignment. The arraignment is usually the first court appearance.
It is a good idea to bring an attorney if he or she has one. The
defendant will be asked to enter a plea.
* Plea. The defendant will be given three options for a plea. A)
Guilty, B) Not Guilty, C) No Contest (nolo contendre) A plea of
No Contest is the same as a guilty plea, but the defendant does
not admit civil liability, The defendant should never enter any
plea without speaking with an attorney first.
* Multiple Appearances. After the arraignment, the defendant will
be given another appearance date. Please make sure that the defendant
makes all appearances. The defendant nay want to consult with an
attorney. There are many attorney referral services available through
the court.
5.
Do I need an attorney? In any criminal matter, the defendant
should consult with a defense attorney regarding his or her rights.
Many attorneys offer a free consultation. Your bail agent is not
allowed to offer legal advice.
6.
What about the public defender? At the first court appearance
(arraignment), the defendant will be asked if he or she can afford
an attorney. If the person says no, a public defender will be appointed
before the hearing.
7.
When is the court date? The appearance date may not have
been available at the time you met with your bail agent. The defendant
will be given appearance information upon release. If there are
questions about a court date, please call 1-866-327-2663.
8.
Will I get my money back? When you deposit the entire amount
of the bail with the jail or court, you will receive the entire
amount back after the bail is no longer required or is "exonerated".
Sometimes the court will keep a portion of the money for fines or
court costs, but in most cases your permission is required. If you
use a bail bond, the money you paid as bail bond premium is nonrefundable.
9.
What happen if the defendant is late for court or misses the court
date? THIS SHOULD BE AVOIDED. The court may look upon the
defendants failure to appear as a willful act. If this happens,
the court may issue a warrant and the defendant may be subject to
arrest! Under some conditions, we may be able to contact the court
and "reassume" the liability of the bond. If you know
that the defendant is going to be late or delayed for court, call
the court immediately. If you can't find the telephone number, call
us at 1-866-327-2663, and we may be able to help locating the number
for you.
10.
When collateral is required to guarantee the bond, how do I get
it back? Most bonds through Acme require only a signature
as collateral. If collateral is taken, a copy of the "exoneration"
is required to notify us that you are no longer responsible for
the bond. Once we receive the exoneration , we can return your collateral.
11.
How long is a bond valid? The bond is generally good as
long as the case last. However, the terms of the contract state
that the bail bond premium is paid annually. This means that if
the case longer than a year but less than two years, another payment
of premium is due.
12.
How is the bail "Premium" determined? Premium
amounts are regulated by the Department of Insurance in most states.
The premium for a bail bond is generally 10% of the bail amount
set by the court.
13.
Can the defendant leave the area? One of the benefits of
posting bail is that the defendant is free to conduct his or her
life as usual. Unless instructed by the court, the defendant is
free to leave the area as long as he or she appears before the court
as directed.
14.
What happens if the person that I signed for does not appear in
court? By acting as the "indemnitor", you have
agreed to be financially liable for the full amount of the bail.
If the court declares that the bond is forfeited due to nonappearance,
you are obligated to pay the full amount of the bail bond.
15.
What if I no longer want to guarantee the bond? Please
contact our toll free number. Each situation is different and sometimes
a clarification is all that is needed. Our agents and supervisors
are trained to help with this or any other unforeseen situation.
One answer could be to have the defendant call us to find out if
he or she qualifies to be "self guaranteed".
16.
Am I criminally liable if someone I sign for does not appear in
court? No, your liability under our contract is strictly
financial.
17.
Should the defendant or indemnitor notify anyone of a move or job
change? Yes, we must be able to contact all parties related
to the bail contract at all times.
18.
If the charges are dropped after the defendant is bail out, will
we get the premium back? Usually not. If the charges were
not dropped at the time of arrest the defendant would have remained
in custody until their court appearance, at which time the cargoes
were dropped. The bondsman does not make any judgment or determination
of the alleged charges at the time of arrest. The bondsman is merely
providing the service of obtaining the defendants release from custody,
thus allowing the defendant to return to their home, family and
work without interruption to their lives while awaiting their trial.
The premium paid to the bail agency is a fee for providing that
service.
19.
Is the money we paid for the bond premium refundable if the charges
or case is dropped? No. Acme provides the service of obtaining
the release of your loved one from jail and guaranteeing that they
will appear in court at the designated time and date. If the charges
or case is dropped the bail bond becomes exonerated which completes
the service.
20.
How do I get to the jail? When should I go there? Our call
center operators and underwriters are familiar with the location
and release procedures for most jails. If you can't find the jail
or court we can get you the address and directions. We can also
let you know the approximate release time in case you want to meet
your friend or family member upon their release.
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Referral
Need Help? 1-302-834-2663 (New Castle County, DE.)
1-302-424-1494 (Kent and Sussex Counties, DE.)
1-866-327-2663
(Toll Free)
1-866-348-2245 (Nationwide)
Licensed Bail Agent
Member of PBUS
Open
24 hours a day, 7 days a week. Call us anytime for bail help.
We come to you with fast confidential and friendly service.
Handling all of your bail bonds and bonding needs in one call.
You will speak to a licensed Bail Agent who will be able to help
you.
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