FAQ

Frequently Asked Questions And Answers About Bail Bonds

What Is Bail?

In brief, bail is a component of our legal system that allows an accused person to be temporarily released from custody so they can continue their lives while they prepare for their day in court. In criminal cases, it is a quantity of money, tangible property, or bail bond that needs to be posted by or on behalf of a defendant to guarantee their appearance in court. The right to reasonable bail is guaranteed to you by the Eighth Amendment of the United States Constitution.
How Does Bail Bonds Work?

The court system sets the cost of bail required for the defendant’s release. Under state law, a company can provide a “bail bond” that guarantees payment of the entire bail amount to the court if the defendant does not show up for all scheduled court appearances. Licensed bail service providers offer these bail bonds. For providing the pre-trial release service, bail service providers charge a premium – a percentage of the entire bail amount, usually 10%. For instance, for a bail amount set at $20,000, the premium would be about $ $2,000 plus any further required fees. The bail bond company must charge the premium rate that it has filed with the Department of Insurance, and the premium is not refundable after the defendant is released.
What Is A Bail Bond?

A bail bond is a monetary guarantee made by or on behalf of a criminal defendant. The bail bond is used to confirm their appearance in court through the end of their trial. Negligence by the defendant to appear will result in a bail bond forfeiture.
Who Is A Co-signer/Guarantor?

A co-signer/guarantor is a person prepared to be accountable for the defendant while they are out on bail and who co-assumes financial responsibility, including a guarantee of the total bail bond amount.
What Does It Mean When Bail Bond Is Exonerated?

A bail bond is exonerated when the legal process/trial has concluded. It does not denote whether the defendant is found guilty/innocent or if the case was dismissed. At this period, the bail bond is discharged. However, any unpaid premium, fees, or other costs charged by the bail service provider are still owed.
When Does A Forfeiture Happen?

Forfeiture transpires when a defendant fails to appear in court. If a defendant misses a court date, a bench warrant is issued for their arrest. It is plausible in many cases that the bail bond may be "reinstated" by the defendant operating with a 1 on 1 Bail Bonds Agent to report back to the court, which enables the court to set a new trial date for the defendant.
Can You Bail Yourself Out Of Jail?
Indeed, you can bail yourself out of jail. A family member or friend can also help with the bail process on your behalf, so you can quickly and easily be released from custody. The three-step process is the same whether you or your loved one contacts 1 On 1 Bail Bonds for help. Here are the three steps in the bail process after arrest:
1. A bail cost is set by the court to ensure the defendant appears at the scheduled court date following release from jail.
2. Contact 1 On 1 Bail Bonds for a free quote and bail information.
3. We work with you, your loved one, and the prison to secure release by issuing a bail bond in the sum set by the court.
Do You Get Bail Money Back?

The premium bond payment is not refundable. It is a percentage of the bail amount set by the court and is the price charged for 1 On 1 Bail Bonds services to help release the defendant from custody.

You may qualify for a discounted rate depending on your location. This can include (discounts offered in select states), union member status, whether you have a private defense attorney or whether you or your immediate family are active members or veterans of the United States Military Armed Forces. We also offer flexible payment plans.
Can You Bail Someone Out Of Jail Without A Payment?

Yes, you can bail someone out of jail even if you don't have cash on hand.

A 10% premium is typically charged for a bail bondsman's services. However, this varies by state.
What Is The Jail Booking Process?
The jail booking process usually takes place after a suspect is arrested and in custody. Several steps occur during the jail booking process, which varies from county to county:
- A police officer takes the suspect's personal information.
- Data about the alleged offense is recorded.
- The suspect's background is searched for warrants and previous crimes.
- Fingerprints and photographs are taken.
- A full-body search is conducted.
- A comprehensive health check is conducted to decide whether the suspect needs medical care or is a threat to others.
- All personal items are taken from the prisoner.
- The suspect is placed in a holding or jail cell.
What Is The Difference Between Bail Bond Amount And Premium?

The bail bond amount is the full amount of bail set by the court. The premium is the monetary amount required by the bail service provider for providing the pre-trial release service. Typically, this premium is 10% of the bail amount. For instance, if the bail amount is $20,000, the premium charged would be $2,000.

What Is A Summary Judgment?

A summary judgment is assigned by the court if, following a bail bond forfeiture, the deadline for reinstating the bond or returning the defendant to custody has passed. Upon issuance of a summary judgment, the full bail amount is due.
What Is A Reinstatement?

Reinstatement is a process by which a defendant who has failed to appear in court can have their bench warrant removed, and the bail bond re-activated or "reinstated" with the court. The defendant, working with 1 On 1 Bail Bonds, will report back to the court, which allows the court to establish a new court date for the defendant. This proceeding may occur in additional fees to the defendant/co-signer.
What Does The Court Consider In Determining The Bail Amount?

The cost of the bail is first and foremost within the scope and discretion of the judge or magistrate, with only two general limitations:
a. The purpose of bail is not to penalize or punish the defendant but only to secure the accused's appearance and beset with that in mind.
b. Excessive bail, not warranted by the circumstances or the evidence at hand, is not only improper but a violation of constitutional rights. In fixing the bail amount, the court considers the seriousness of the charge, the defendant's previous criminal record, and the defendant's probability of appearing at the trial or hearing.

Additionally, suppose public safety is an issue. In that case, the court may make an inquiry where it may consider allegations of injury to the victim, danger to the public and the defendant, threats to the victim or a witness, the use of a deadly weapon, and the defendant's use or possession of controlled substances. A judge or magistrate establishing bail other than a scheduled or usual amount must state on the record the reasons and address the issue of threats made against a victim or a witness. The court must also examine evidence offered by the detained person regarding ties to the community and ability to post bond. The bail amount set by the court must be within the smallest range amount of bail that would reasonably assure the defendant's appearance – NOT the maximum! It is crucial to remember that it is the court magistrate that determines bail costs.
How Much Does It Cost To Bail Someone Out Of Jail?

All cases are unique. To answer this question, please contact 1 On 1 Bail Bonds office at (310) 743-9032.
Is The Premium Refundable?

The defendant and any co-signer(s) are liable to the bail service provider for the premium and any fees or extra expenses incurred by the bail service provider on their behalf. These monies are earned when the defendant is released from custody and therefore not subject to return. This is the case even if the defendant is found innocent. The case is dismissed, or the defendant is back in custody for another offense.
What Should I Understand Before I Contact A Bail Agent?
There is specific information that a bail agent will need to help you:
- Where is the person in custody? (Make sure that you ask the person in custody where they are located, including the city, state, and jail).
- What is the full name and booking number of a person in jail? The bail agent will require this information to contact the jail. The bail agent could obtain the booking number for you if you forgot or not available.
- How much is the bail? The bail agent will receive this information when they contact the jail if you do not have it. With the bail amount, the bail bondsman can tell you the cost needed to post a bond and the requirements to get the person out of jail.
How Do I Get A Bail Bond?
There are four ways in which a person may be released from custody.
- You can use a bond dealer.
- You can post the full amount of the bond with the court or jail.
- You can use tangible property (such as a home or a lot) with the court.
- And finally, the judge can decide to let the defendant go on their recognizance.
Will A Bail Agent Discount Fees On The Premium?

The rate that you pay a bail agent depends on the state's statutes and regulations. For example, some companies can legally charge 8% in some states, while the allowable premium is set at 10% for others. If a company agrees to discount their fee, they may lose their license. Some companies try and lead you into believing that you will receive a discount but charge you the whole amount. Always ask to see a rate chart if you feel that you are wrongly accused.
What Will Bond Dealers Accept As Collateral?
Each bonding office will have its standards, but you can expect them to accept various bail collateral forms for the most part. Some example of collateral includes:
- Real estate
- Cars
- Credit cards
- Stocks
- Bonds
- Jewelry
- Personal credit
- Bank accounts
What If Private Bail Isn’t An Option In My Area?

Suppose you don't have a surety or live in an area that does not allow private bail bonds, including Massachusetts, Maine, Oregon, Illinois, Kentucky, Nebraska, Wisconsin, and Washington, D.C. In that case, your options are most likely through the court and the local jail.
What Happens If A Defendant Gets Re-Arrested While Out On Bond?

Once the defendant is back in custody, the bond can be surrendered, and your liability is over.