Customer Service: FAQ
What is bail?
How does a bail bond work?
What is a bail bond?
What is the difference between bond amount and bond premium?
Who is an indemnitor/guarantor?
What is a bail bond exoneration?
When does a bail bond forfeiture take place?
What is a summary judgment?
What is a bail bond reinstatement?
What does it mean when I receive a "re-entry" statement?
What is considered by the court in fixing the amount of the bail?
How much does it cost to bail someone out of jail?
When do I get my money back?
What are the normal work hours for Financial Services?
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. top
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 Insurance and
the premium is not refundable once the defendant is released. top
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. top
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. top
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. top
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 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. top
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. top
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. top
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
months to complete. top
What does it mean when I receive a "re-entry" statement?
A re-entry statement is issued from Archer Bail Bonds when a fee or other
charge is added to an account after the initial balance has been paid. This
can happen for many reasons, but the most common are fees generated by a defendant
missing, or being late to, a court date. top
What is considered by the court in fixing the amount of the bail?
The amount of the bail is first and foremost within the scope and discretion
of the judge or magistrate, with only two general limitations:
- The purpose of bail is not to penalize or punish the defendant, but only to secure the appearance of the accused, and it should be set with that in mind.
- Excessive bail, not warranted by the circumstances or the evidence at hand, is not only improper but a violation of constitutional rights. In fixing the amount of the bail, the court takes into consideration the seriousness of the charge, the defendant's previous criminal record and the probability of the defendant appearing at the trial or hearing.
How much does it cost to bail someone out of jail?
This is a question best answered by a licensed bail agent. Please contact your nearest Archer Bail Bonds Agency. To find the location nearest you, please consult the locator portion of this site or dial (800) 300-BAIL. top
When do I get my money back?
If you posted the full bail amount with the court yourself, this money will be released to you at the conclusion of the court process, provided the defendant appeared at all required court dates.
If you elected to use a bail agency to post your bond, the agency is initially responsible to the court for the bond amount. The defendant and indemnitors are responsible to the bail agency for the premium and any fees or additional expenses incurred by the agency on their behalf. These monies are earned at the time the defendant is released from custody and therefore not subject to return. This is the case even if the defendant is found innocent, the case is dismissed or the defendant is placed back into custody for another offense. top
What are the normal work hours for Financial Services?
Financial Services is here to assist you Monday through Friday, 8:00 a.m. to 5:00 p.m. Pacific. top