Frequently Ask Questions About Bail Bonds, Tampa FL
Regardless of the violation, bail bonds are essential to get you out of jail fast. Bail bonds make the release process to go as swift and as convenient as possible. An overview of the bail bond process can be found here. Below are some of the most common questions about bail bonds.
What happens when you get arrested?
You will first be taken to a police station or any detention facility. During this time, you will have the chance to call an attorney to represent you. You will be informed of the charges that are pressed against you. In some cases, you may be asked to give your sample handwriting, tell something about the crime you are charged with, wear particular clothes and provide hair and blood samples. You may also be asked for a photograph and fingerprints. Once you appear before the court official, you will be advised of your charges and your rights. It is also during this time when you will know if you can be released without bail or if you must post a bail to get released.
What is "bail"?
Bail is the certain amount of money set to get an arrested person out of jail after being arrested. It is an arrested person's Constitutional right stated in the 8th Amendment. It states every citizen's right to bail so they can go back to their own life while they wait for their time in court. There are two ways a bond is set: by the judge through an arraignment hearing or through a bail schedule. Bail schedule is a list of charges with the equivalent bail amounts set by local attorney and judges created for the fairness of letting defendants be allowed to get out of jail without the long process of arraignment hearings
What is a bail bond?
A bail bond is a contract between a bail agent, the defendant, and a co-signer. It is a legal and binding contract. The bail agent is responsible for the entire amount of the bail given that the co-signer vouches to make the defendant appear on all court dates. The co-signer will also be liable for the full amount of bail if in case the defendant doesn't make it to court. Fifteen percent of the total amount of the bail bond should be paid by the bail bondsman to secure the contract.
What are bail bond agents or bail bondsmen?
They are licensed agents that should meet educational requirements set by an insurance company for them to be able to write bail bonds. The bail bond agent is paid by the defendant for creating the bond. It is also the agent's responsibility to pay the premium to the insurance company. It is the bail agent's responsibility to pay for the bond payment if the arrested missed going to court and cannot be tracked.
What does a bail bond cost?
If you are in the State of Florida, a total of 10% payment is required to guarantee the bail bond. This is non-refundable. It is also nonnegotiable because it is set by the state law. Some bail bonds company charge fees for specific services, while there are companies who don't. Do not agree on a bail bond contract until you have read through everything. This is important to make sure that you understood everything and that you know all fees and charges and what they are for. Do not sign a contract with a bail bond company that has a bail bond premium of more than 10%.
How long does the bail bonds process take?
The process for bail bonds has several steps. The process starts with filling out the bail bonds application. What usually takes longer is the property bail bond because it needs to be secured and verified. After the application is done and the bail bond has been secured with collateral the bail bondsman will come to the court for the release of your family member.
The bail bondsman will then go the court or jail to post the bail of the defendant. Once the jailer has been notified, the process of the release will commence. The length of the release process depends on certain factors. It would usually take just one to two hours for the release process if the jail is relatively small and full-staffed. However, during holidays, especially if it falls on a weekend, it can take up to 12 hours for the release to be completed. Also, if the facility is handling too many cases with only a few staffs available, it can also influence the number of hours the release can be completed. After the defendant has been released, the bail agent will discuss the situation with him. They will discuss the rights and responsibilities of both the defendant and co-signer. They will also talk about the court date.
The bail bondsman will then go the court or jail to post the bail of the defendant. Once the jailer has been notified, the process of the release will commence. The length of the release process depends on certain factors. It would usually take just one to two hours for the release process if the jail is relatively small and full-staffed. However, during holidays, especially if it falls on a weekend, it can take up to 12 hours for the release to be completed. Also, if the facility is handling too many cases with only a few staffs available, it can also influence the number of hours the release can be completed. After the defendant has been released, the bail agent will discuss the situation with him. They will discuss the rights and responsibilities of both the defendant and co-signer. They will also talk about the court date.
Can I pay the bond on my own?
There are certain cases that cash bonds are available. A cash bond does not need the use of a bail bond service. Cash bonds are mostly cheap enough that the entire amount of bail is needed to get the release of the defendant. For the defendant to be released, he must agree with the decided court hearings and attend them. Once done, the bail will be absolved and the funds will be released to whoever posted it. Any court fees and restitution will be deducted from the total funds.
What possessions can I put up for collateral?
Unless you have cold cash to pay the bail on your own, you may need to use a bail bond to get you out of jail. In a case when you cannot pay the entire amount of the bond, your co-signer will need to have an assurance from you and there will the collateral comes in. Your car can be used as collateral. If you fail to appear in court on set dates, you will forfeit your vehicle. Also, your house or any establishment that you own may be used as collateral. If you do not have a car or any real estate property, you can use jewelry or any precious metals you have. Whatever that has a significant monetary value may be used as collateral. Another possession you can put up as collateral is savings and investments. Finally, any possession that can be used as a loan from a pawnshop can be used as collateral. Computers, televisions, and other devices, in this case, can be used as collateral.
How do I know my court date?
If there was an arraignment and you attended an actual court hearing, the judge will directly give you the court date before you get dismissed. If in case, your bail bond was pre-determined by the bail bonds schedule, you will be notified by the clerk of courts of the scheduled of the court dates. Further, your bail bonds agent will be advised of your court date. He will also be informed of any changes that are set by the court. If you will ever have questions about your court date while you are on bond, the person who can answer your answers is the bail agent. However, if your bail agent is unavailable to answers your queries, the court will always be available to answer your questions. The court will be able to answer all your questions regarding your case.
What happens if I don't attend court?
Things like this can happen. If in any case you forget or get restrained by any situations that you have no control over, contact the court at once and your bail agent to explain the unfortunate situation. Most courts will be forgiving if it does not happen all the time. The court can reset your court date and you will not be penalized. However, if it happens all the time and you keep missing your court date, and not explain to the court, it will make you a fugitive in the eye of the court. You will be issued a bench warrant for your arrest. A bench warrant means that law enforcement officers or bounty hunters will be tracking you down. Once you are captured, you will be put to jail and you will no longer have a chance to bail because it will be revoked. If the enforcers fail to catch you, the co-signer will be liable for the amount that wasn't paid and your bail bond will be confiscated.
Is it important to have an attorney?
It is totally the defendant's decision to hire an attorney. Typically, hiring an attorney will not be necessary for minor offenses. Also, the court will provide the defendant of a public attorney if they have not enough money or means to hire their own attorney. If you have been charged with criminal activity that can charge you with fines and time in jail, it is best to use the service of an attorney. Whatever your offense may be, being in court is not entirely a pleasant experience. Being with an attorney somehow assures you that your rights are protected and that you will be treated objectively throughout the entire process. Hiring an attorney also helps you understand the legalities and the terms involved in your case. This will make you aware of everything you need to know about your case. Further, with the aid of an attorney there might be a chance you could get probation instead of a prison sentence.
Where can I find an attorney?
Some bail bonds agents refer attorneys to their clients. However, bail bondsman should not give legal advice or give suggestions as to which attorney to get. You should let your bail bonds agent know whomever it is that you choose to be your attorney to represent you in court. There may be instances when the bail agent needs to talk to your attorney and inform them of changes done to your case. It is important to be in constant communication with your bail agent and attorney. This also reassures them that you are serious about the case and that you are willing to work with them throughout the entire judicial process.
Can it be discreet?
Definitely, bail bonds service can be discreet. Most bail bonds service keeps all their client's cases classified. People will talk about the arrest and it is the responsibility of the bail bonds service to do everything as discreet as possible to protect their client. The last thing the defendant wants is to be the subject of rumors all over the town.
When are you "under arrest"?
When you are taken into the police custody or deprived of your freedom to leave, then you are being under arrest. Regardless of the word "arrest" is used or not, the fact that the aforementioned occurs, then you are arrested.
What rights do you have under arrest?
Arrested individuals have the right to remain silent. Whatever you say can be used against you in court, if you choose to speak. You can also answer or decline to answer any questions. If you hired an attorney, it is your right to discuss your answers with your attorney every time you are asked a question. If in case, you cannot afford to have your own attorney, you will be offered by the court without any cost. You also have the right to know the details of the crime you have been charged with. Also, as soon as you are brought to the police custody, you have the right to have a phone call with your attorney or family member or whomever you choose to talk with.
If you have other questions not address here, please call Trinity Bail Bonds Tampa to speak with one of our professional bail agents.
If you have other questions not address here, please call Trinity Bail Bonds Tampa to speak with one of our professional bail agents.