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1st Class Bail Bonds is providing this Bail Bonds FAQ section because we
know that bailing a friend or family member out of a jail can be a stressful
process. Please read our answers to the most commonly asked questions
regarding the bail bonding process.
What is needed to Cosign on a Bond?
- A current state issued ID
- Two recent Paystubs
- Copy of a utility bill (i.e. Phone bill, gas bill, credit card bill etc.)
- Premium fee
What is bail?
In short, Bail is that part of our legal system that allows an accused
person to be temporarily released from custody so they can continue their
lives while they prepare for their day in court. In criminal cases, it is a
sum of money, real property or surety bond that needs to be posted by or on
behalf of a defendant to guarantee their appearance in court. The right to
reasonable Bail is guaranteed to you in the Eighth Amendment of the
Constitution of the United States.
How does a bail bond work?
The court system will set the amount of bail required for the defendant's
release. Under state law, a surety company can provide a type of insurance
policy or "bond" that guarantees payment of the full bail amount to the
court if the defendant does not show up for all scheduled appearances. These
bonds are offered by licensed bail bond agencies. For supplying these bonds,
bail agencies charge a premium - a percentage of the total bond amount,
typically 10%. By way of example, for a bond amount set at $50,000, the
premium would be about $5,000 plus any additional fees required by the
state. The bail agency must charge the premium rate it has filed with the
Department of Banking and Insurance. Once the defendant is
released, the premium is not refundable.
What is a bail bond?
A bail bond is a financial guarantee made by or on behalf of a criminal
defendant that is used to guarantee their appearance in court through the
end of their trial upon release from custody. Failure by the defendant to
appear will result in a bond forfeiture.
What is the difference between bond amount and bond premium?
The bond amount is the full amount of the bail that was set by the court.
The premium is the dollar amount owed to the bail agency for posting the
bond. Usually this premium is 10% of the bond amount.
For example,
if the bond amount is $50,000, the premium owed would be $5,000.
Who is an indemnitor/guarantor?
An indemnitor/guarantor is the person(s) willing to be responsible for the
defendant while they are out on bail and co-assumes financial liability to
guarantee the full bond amount.
What is a bail bond exoneration?
A bail bond is exonerated when the legal process/trial has finished. It does
not matter whether the defendant is found guilty or innocent or the case
has been dismissed. At this point, the liability for the bond amount is discharged.
However and any unpaid premium, fees or charges incurred by the bail agency
on your behalf are still owed to that agency.
When does a bail bond forfeiture take place?
Bail bond forfeiture results when a court appearance is missed. If a
defendant misses a court date, a bench warrant is issued for their arrest.
The court also sets a deadline for when either the defendant must be
located/returned to custody or the bail bond "reinstated" or the bail amount
must be paid to the court. In the State of New Jersey it's 75 days. (NO EXCEPTIONS)
What is a summary judgment?
A summary judgment is issued by the court following a bond forfeiture. This
is a judgment against the surety for payment of the bond amount. The summary
judgment is issued because the deadline for reinstating the bond or
returning the defendant to custody has passed.
What is a bail bond reinstatement?
This is a process by which a defendant who has experienced a bail bond
forfeiture can have their bench warrant removed and the bail bond
re-activated or "reinstated" with the court. This is a legal proceeding that
usually requires action by an attorney and could result in fees being paid
by the bail bond agency. These fees are, in turn, passed along to the
defendant/indemnitors. Due to the time it takes for the courts to process
these fees, the billing for this process can take several weeks or months
to complete.
What
are Bail Bonds and how do Bail Bonds work?
A surety
bond, commonly known as a bail bond, is a contract between an agent licensed
in New Jersey and the signer or co-signers, as a guarantee that the
defendant will appear for scheduled New Jersey court appearances. In the
event of failure to appear, sometimes called a "skip", the signers of the
bail contract agree to pay the court the full amount of the bond. For our
services, the defendant is charged a percentage of the bail amount. Upon
being released, the defendant, a relative or a friend of the family
typically contacts a bail agent to arrange for the posting of bail. Prior to
the posting of a bail bond, the defendant or a co-signer must guarantee that
they will pay the full amount of bail if the defendant does not appear in
court. If the defendant "skips", the co-signer is immediately responsible
for the full amount of the bail. If the defendant is located and arrested by
the bail enforcement agent the cosigner is responsible for all expenses the
bail enforcement agent incurs while looking for the defendant. After an
agreement is reached, the bail bondsman posts a bond for the amount of the
bail, to guarantee the defendant's return to court.
How do
I know if I'm qualified to co-sign on a bond?
Call our
office today at
973-359-1000
to speak with a New Jersey bail agent. Our staff will be required to collect
some personal information about you such as your full name, your date of
birth, work
history, relationship to the defendant, etc.. This takes about 10-15 minutes
to complete over the phone. At that time we can let you know if you are a
qualified co-signer. If you do qualify we will need some more information on the
defendant such as full legal name, date of birth, Arresting Agency, Charges, and the
bail amount.
What
are my responsibilities if I decide to co-sign?
As a
co-signer you are providing a written guarantee to the bond company that you
will see to it that the defendant appears in court every time they are so
ordered by the court. It is also required that the defendant call into the
office weekly to check in and provide the bondsman with their court dates.
As soon as the defendant has satisfied the court and the case has been
resolved, you the co-signer are no longer liable for the bond. And the
defendant is no longer required to check in.
How
soon will the defendant be released?
Generally
the defendant is released with in 2-3 hours after the bond has been posted.
It can take longer at times. However the standard is 2-3 hours at the most.
Do I
get this money back?
NO... The
money that you put up for the bond is non-refundable. Once the bond is
posted. The bond company earns the fee.
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