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Bail Bond Company/Licensed Bondsman allows you to have a friend or
family member be released from jail without having to pay the full
amount of the bail. In most states, as required by law, a Bail Bond
Company/Licensed Bondsman must charge 10% of the bail amount and
guarantees the Court that the defendant will appear to all required
Court hearings.
The bail bond is a contract between the bail agent (bondsman), the
courts, and the person posting the bail (co-signer). The bail agents, as
well as the co-signers are the people who are responsible for the
defendant showing up for all their court appearances.
Money, in the form of a bond, is required by the court as an incentive
to keep the defendant from fleeing once released. The bail agent charges
a fee for the posting of this bond. The fee varies from state to state,
but in New Jersey the fee is 10% of the face amount of the bond posted.
Collateral is usually required to ensure that the bond is secure, and
the bail agent is indemnified against loss in the event that the
defendant fails to appear.
The amount of bail is set by the court and is dependent on the severity
of the crime as well as how much of a flight risk the defendant is
deemed.
The bail agent provides a guarantee to the court that the defendant will
appear in court when summoned by the judge. The defendant will also
have to check in regularly with the bail agent as a condition of his or
her release.
Bail bonds are granted when a family member or friend contacts the bail
agent before the defendant is released. Arrangements are made for the
posting of a bail. After an agreement is signed, the bail agent posts a
bond for the amount of the bail, to guarantee the defendants return to
court.
If the defendant fails to check in, and the bail agent or the co-signer
are unable to locate the defendant, the co-signer is immediately
responsible for the full amount of the bail. After the defendant is
located and arrested by the bail agent, the co-signer is responsible for
all of the bail agent's expenses while looking for the defendant.
Defendants have the option of arranging for their bail through a bail
bondsman or paying the court directly the full amount. When using a bail
agent, the defendant provides collateral to the bail bondsman. The bail
bondsman or bail bond company agent will then guarantee to pay the
court if the defendant fails to appear, by posting a surety bail bond
power of attorney with the jail or court.
After the defendant has completed all court appearances and the case is
closed, the bail bond will be dissolved and any collateral given to the
bail bondsman will be returned to the defendant or whoever posted the
bond.
A co-signer always has the responsibility to ensure that the defendant
appears in court as and when required. The co-signer must know the
whereabouts of the defendant at all times and must immediately notify
the bail bondsman if the defendant has moved. This is very important
because the collateral that the co-signer posted for the defendant is at
risk if the defendant fails to appear
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