MOST COMMON QUESTIONS ABOUT BAIL BONDS

Bail is a procedure that is applied in the legal system in which a person who has been incarcerated to be released from custody until their court date arrives. This permits the accused to continue with their everyday lives as well as prepare for their day in court. In order to procure bail, a determined amount of money or property must be forfeited in order to obtain a release from jail. Any monies or property must be posted by either the accused or someone that knows them, on their behalf, in order to guarantee that they will show up in court for an appearance. It is important to note that bail does not mean that the accused only appears in court for the initial appearance. He or she must uphold all court appearances as set forth by the court. The Eighth Amendment of the Constitution of the United States of America guarantees all of those incarcerated in the USA, the right to reasonable bail.

Once a person has been incarcerated, the court system will decide upon the amount of bail. The amount of bail required is dependent on the severity of the crime. This means, in the case of minor crimes, the bail amount is set at a lower amount than those that are more severe in nature. State law ensures that bail is an option for most people who have been incarcerated. The full bail amount can be paid to the courts from a surety company if the defendant does not stand up to their agreement of making all scheduled court appearances. Licensed bail bond agencies offer these bonds to those who have been incarcerated. Bail bond agencies charge a percentage of the bail amount as their service charge. An example would be if bail were set at $100,000, the service charge from the bail bond agency would be $10,000 plus the cost of court, and other additional charges that are required by the state. The premium rate must be filed with the Department of Insurance, and the bail agency receives the percentage or premium rate it has disclosed to the Department of Insurance. Once the defendant is released from jail, the premium is not refundable.

The judge or magistrate will determine the amount of bail money that has to be posted in order to secure a release from jail. There are only two factors that have been set forth by the laws of the Constitution that the judge or magistrate must adhere to. These two factors play a role in determining the amount of money that needs to be forfeited. Bail is set to guarantee the appearance in court of the accused, and should not be set in an amount that is too high in order to punish the defendant. Circumstances, as well as evidence at hand, helps in factoring the bail amount. Setting the bail amount too high is wrong and a violation of the person’s constitutional rights. The judge or magistrate looks at the criminal record of the defendant as well as the seriousness of the crime. They also weigh in the factor of whether or not the defendant will appear in court for the hearing.

The fees that are charged by us, at Big Bubba’s Bail Bonds are determined by the amount of bail set by the courts. If you need a bail bond quote, contact our office at 940-380-1981. We would be more than happy to assist you with any questions you may have regarding the bail process.

If you have posted the full amount of the bail to the court, it will be returned to you if certain conditions have been met. These conditions are that you have made it to all your court appearances and your trial has been completed. If you employed the services of a bond agency to post your bond, the money required by the courts is paid by the bond agency. For that service, the bond agency will require a percentage fee of the bond amount. Once the defendant has been released from custody, these monies are earned and therefore, non-refundable. These charges are valid and non-refundable even if the defendant is innocent of the crime.

Once payment has been received by our bonding company, the paperwork is processed and the bond is posted within 15-20 minutes. After we have completed the process, it depends on how busy it is at the jail where the person is incarcerated. In the case of Denton County Jail, the time it takes for a person to be released from custody averages between 1-2 hours. Inmates are usually released quicker at the municipal jails because they are much smaller and have a smaller amount of people incarcerated.