List of common Terminology for Bail Bonds

List of common Terminology for Bail Bonds

Learning how the Process of bail is better done before the time of an arrest because family and loved ones are undergoing the stress related to being arrested. After the arrest and booking for somebody arrested, the alleged crime committed will dedicate whether they have the right to bail in accordance to the California Bail Schedule, or they will be given a “no bail.”

At this point, if the accused or someone on their behalf can contact a bail bondsman, who will work with them to meet the court requirements to obtain a release. This article will cover common Terminology for Bail Bonds.

Bail

Money posted to be released from custody until the court date for them to appear. The money posted is not a fine, it is a form of security to make sure the person arrested will return to jail.

Bail Condition

When released on bail, the person arrested has to sign some requirements or conditions to be allowed to be free on bail. These conditions may include things like checking in with the bail bondsmen, surrendering passport, not contacting people involved in the base, or staying away from victims. Failing to comply with these can lead to the person being returned to custody.

Bond

If the arrestee cannot pay the amount of bail set by the court, financial assistance may be required from a company that can guarantee the full amount to the court. The accused typically has to be 10% which is a state-mandated rate. The company will then post a surety bond with the court for the full bail amount

Collateral

Assets or property used to secure a bond. A failure to appear in court may result in forfeiting of the assets or property used.

Defendant

A person who is accused of a crime by the court

Forfeiture

When someone released on bond fails to appear in their given court date or does not meet a bail condition, the court may order the full amount to be paid.

Bond premium

The amount charged (typically the 10%) to obtain the release of a defendant. This premium is not refundable.

Withdraw of Bail

A court may decide not to allow someone to be released on bail. Or they may choose to no longer allow somebody out on bail to continue being free. Withdrawing the bail typically means denying the opportunity to be released from custody, either after the person has been arrested or after the person has been released on bail.

Bond Indemnitor

The person who co-signs responsibility for the bond of a defendant. The Indemnitor is assuming all financial responsibilities and is promising that the defendant will show up at every court date assigned. Please read this article for more information.

Bail Bond Surrender

When a co-signer decides to no longer want to be liable for the bond, they can ask for a bail surrender (co-signer is responsible for costs associated with this procedure). Typically surrenders happen when the co-signer feels that the defendant will not show up in court and there is collateral at stake that they do not want to lose.

Failure to Appear

This is very simple; this means that the defendant failed to appear on his or her assigned court date. Failing to appear is considered a violation of bail conditions.

Bail Bondsmen

Someone who provides a surety bond to the court in order to secure the release of a defendant and allow them to be free while awaiting trial. A bail bondsman is licensed in the state they operate in.

Fugitive

Someone who is avoided being arrested by authorities after being accused of a crime or someone who failed to comply with bail conditions.

 

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