The arresting law enforcement agency takes the defendant into custody where 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.
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.
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 Above & Beyond Bail Bonds. Always ask to see identification from anyone who claims to be a bail agent.
* 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 (nolle 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 may want to consult with an attorney. There are many attorney referral services available through the court.
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.
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.
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 1-866-246-9575.
Only 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. However in the case when you use a bail bond company, the money you pay as bail bond premium, it is nonrefundable.
THIS SHOULD BE AVOIDED. The court may look upon the defendant’s 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 1-866-246-9575, and we may be able to help locating the number for you.
Most bonds through Above & Beyond Bail Bonds require only a signature by an verified employed signer 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.