What happens after a person is arrested?
The arresting law enforcement agency takes the defendant
into custody a number of things can happen. Most commonly:
- The defendant is released. No charges filed.
- The defendant is released on his/her own recognizance.
(O.R.)
- The defendant is release on a bail bond.
- The defendant remains in custody (jail) until his/her
arraignment before the court.
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What does a bail agent do?
A bail agent is licensed to transact all aspects
of bail required to have a defendant released from
jail or court custody through the use of a surety
bond. The agent is licensed by the state and is required
to pass and exam, as well as a thorough background
investigation. The law strictly prohibits any bail
agent from giving legal advice.
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Do I have to use a bail agent to get someone out
of jail? What are my options?
No, while most state have similar laws, you should
call and discuss your situation with one of our trained
underwriters. Some of the options available are:
- Pay the full cash bail directly to the court in the
form of cash, cashier's check or money order.
Pay the full cash bail in the form of funds from the
US Treasury.
- Accommodation can sometimes be made through the court
to use real property as collateral. The laws vary
and can be very specific as to how this is negotiated.
You should consult with your attorney or the court
clerk for more details.
- Post a bail bond. This is also referred to as a "surety
bond". This can only be accomplished through
a licensed bail bond company such as Acme Bail Bonds.
Always ask to see identification from anyone who claims
to be a bail agent.
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What happens after the defendant is released on bail?
Three steps:
1. Arraignment.
The arraignment is usually the first
court appearance. It is a good idea to bring an attorney
if he or she has one. The defendant will be asked
to enter a plea.
2. Plea.
The defendant will be given three options
for a plea. A) Guilty, B) Not Guilty, C) No Contest
(nolo contendre) A plea of No Contest is the same
as a guilty plea, but the defendant does not admit
civil liability, The defendant should never enter
any plea without speaking with an attorney first.
3. Multiple Appearances.
After the arraignment, the
defendant will be given another appearance date. Please
make sure that the defendant makes all appearances.
The defendant nay want to consult with an attorney.
There are many attorney referral services available
through the court.
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Do I need an attorney?
In any criminal matter, the defendant should consult
with a defense attorney regarding his or her rights.
Many attorneys offer a free consultation. Your bail
agent is not allowed to offer legal advice.
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What about the public defender?
At the first court appearance (arraignment), the
defendant will be asked if he or she can afford an
attorney. If the person says no, a public defender
will be appointed before the hearing.
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When is the court date?
The appearance date may not have been available at
the time you met with your bail agent. The defendant
will be given appearance information upon release.
If there are questions about a court date, please
call 888-283-0909.
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Will I get my money back?
When you deposit the entire amount of the bail with
the jail or court, you will receive the entire amount
back after the bail is no longer required or is "exonerated".
Sometimes the court will keep a portion of the money
for fines or court costs, but in most cases your permission
is required. If you use a bail bond, the money you
paid as bail bond premium is nonrefundable.
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What happen if the defendant is late for court or
misses the court date?
THIS SHOULD BE AVOIDED. The court may look upon the
defendants failure to appear as a willful act. If
this happens, the court may issue a warrant and the
defendant may be subject to arrest! Under some conditions,
we may be able to contact the court and "reassume"
the liability of the bond. If you know that the defendant
is going to be late or delayed for court, call the
court immediately. If you can't find the telephone
number, call us at 888-283-0909, and we may be able
to help locating the number for you.
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When collateral is required to guarantee the bond,
how do I get it back?
Most bonds through Acme require only a signature
as collateral. If collateral is taken, a copy of the
"exoneration" is required to notify us that
you are no longer responsible for the bond. Once we
receive the exoneration , we can return your collateral.
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How long is a bond valid?
The bond is generally good as long as the case last.
However, the terms of the contract state that the
bail bond premium is paid annually. This means that
if the case longer than a year but less than two years,
another payment of premium is due.
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How is the bail "Premium" determined?
Premium amounts are regulated by the Department of
Insurance in most states. The premium for a bail bond
is generally 10% of the bail amount set by the court.
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Can the defendant leave the area?
One of the benefits of posting bail is that the defendant
is free to conduct his or her life as usual. Unless
instructed by the court, the defendant is free to
leave the area as long as he or she appears before
the court as directed.
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What happens if the person that I signed for does
not appear in court?
By acting as the "indemnitor", you have
agreed to be financially liable for the full amount
of the bail. If the court declares that the bond is
forfeited due to nonappearance, you are obligated
to pay the full amount of the bail bond.
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What if I no longer want to guarantee the bond?
Please contact our toll free number. Each situation
is different and sometimes a clarification is all
that is needed. Our agents and supervisors are trained
to help with this or any other unforeseen situation.
One answer could be to have the defendant call us
to find out if he or she qualifies to be "self
guaranteed".
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Am I criminally liable if someone I sign for does
not appear in court?
No, your liability under our contract is strictly
financial.
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Should the defendant or indemnitor notify anyone
of a move or job change?
Yes, we must be able to contact all parties related
to the bail contract at all times.
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If the charges are dropped after the defendant is
bail out, will we get the premium back?
Usually not. If the charges were not dropped at the
time of arrest the defendant would have remained in
custody until their court appearance, at which time
the cargoes were dropped. The bondsman does not make
any judgment or determination of the alleged charges
at the time of arrest. The bondsman is merely providing
the service of obtaining the defendants release from
custody, thus allowing the defendant to return to
their home, family and work without interruption to
their lives while awaiting their trial. The premium
paid to the bail agency is a fee for providing that
service.
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Is the money we paid for the bond premium refundable
if the charges or case is dropped?
No. Acme provides the service of obtaining the release
of your loved one from jail and guaranteeing that
they will appear in court at the designated time and
date. If the charges or case is dropped the bail bond
becomes exonerated which completes the service.
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How do I get to the jail? When should I go there?
Our call center operators and underwriters are familiar
with the location and release procedures for most
jails. If you can't find the jail or court we can
get you the address and directions. We can also let
you know the approximate release time in case you
want to meet your friend or family member upon their
release.
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