Bail allows an accused person to be temporarily released from custody, enabling them to continue their daily life while preparing for their court appearance. It typically involves a sum of money, real property, or a bail bond posted to ensure the defendant appears in court.
The court sets the bail amount for the defendant's release. A licensed company can offer a bail bond, which guarantees payment of the full bail amount if the defendant fails to appear in court. Bail service providers charge a non-refundable premium, usually 10% of the bail amount. For instance, for a $20,000 bail, the premium would be $2,000 plus any additional fees. This rate is filed with the Department of Insurance.
A bail bond is a financial guarantee made by or on behalf of a defendant to ensure their court appearance until the trial ends. If the defendant fails to appear, the bail bond is forfeited.
The bail bond amount is the total bail set by the court. The premium is the fee charged by the bail service provider, typically 10% of the bail amount. For a $20,000 bail, the premium would be $2,000.
A co-signer or guarantor is a friend or family member who takes responsibility for the defendant while they are out on bail and guarantees the total bail bond amount.
A bail bond is exonerated when the trial concludes, regardless of the outcome. The bond is discharged, but any unpaid premiums or fees owed to the bail service provider remain due.
Forfeiture occurs when a defendant fails to appear in court, leading to issuing a bench warrant for their arrest. In many cases, the bail bond can be reinstated if the defendant works with the bail service provider to return to court, allowing a new trial date to be set.
A summary judgment is issued if the bail bond forfeiture deadline passes without reinstating the bond or returning the defendant to custody. The full bail amount then becomes payable.
Reinstatement allows a defendant who missed a court date to have their bench warrant removed and the bail bond reactivated by reporting back to court. This process may involve additional fees.
The judge or magistrate sets bail considering the seriousness of the charge, the defendant's criminal record, and the likelihood of appearing in court. Bail should ensure the defendant's appearance, not penalize them. The court also considers public safety, potential threats, and the defendant's community ties and ability to post bail. Bail must be reasonable and not excessive.
The cost varies for each case. For specific information, contact one of our licensed staff members at the nearest Ken Griffin Bail Bonds office or call us for assistance.
No, the premium and any fees or expenses are non-refundable once the defendant is released from custody. This holds true even if the defendant is found innocent, the case is dismissed, or the defendant is re-arrested for another offense.
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