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Jail Bond Types

Bail Bonds

There are five ways to get out of jail, other than serving time. Two of them, being cited out and being released on recognizance do not require a jail bond. The defendant is released after he is processed or after his arraignment. If the defendant is cited out, the arresting agency gives the defendant a citation – most times the defendant does not see the inside of the jail at this point in the process. If the defendant is released on recognizance, he is being trusted to attend all scheduled court hearings. Defendants usually appear in front of a judge to get released on recognizance.

Cash Jail Bond

If the defendant has a cash bond, the entire amount of the bond must be posted with the jail. Some states are now deducting any outstanding court fees from the cash bond, returning the balance of the bail bond to the defendant, if the defendant completes all of his required court dates.

Surety Jail Bond

A surety bond involves a bondsman, the defendant, a surety company and the cosigner. The defendant will generally contact a friend or family member after his arrest has been processed. The friend or family member contacts a bondsman. If the bondsman decides to write the bond, the friend or family member signs a contract guaranteeing the appearance of the defendant at all scheduled court dates. The friend or family member also pays the premium on the bond. The premium is a percentage of the bond – usually 10 percent.

Once the paperwork is completed, the bondsman goes to the holding facility and gives the officer on duty the bond paperwork. Once the officer completes the paperwork, he takes his copy and releases the defendant into the custody of the bondsman.

The premium is non-refundable. Unless the defendant skips, the bond is closed out when the case is finished. If the defendant skips and cannot be found within the state-allotted time, the surety company will pay the amount of the bond to the court. The surety company will then collect the funds paid from the bondsman, who will in turn collect the funds from the cosigner (family member or friend of the defendant).

If the defendant is re-apprehended before the state-allotted time, any court costs or other fees are collected from the cosigner. The state-allotted time to apprehend a defendant who skipped bail may be as little as three days or up to a year.

Property Jail Bond

If a defendant has a property bond, property worth at least the same amount of the bond is put up as a guarantee for the defendant to appear in all scheduled court hearings. A lien is placed on the collateral property. If the defendant completes all requirements, the lien is removed. If the defendant skips on the bond and cannot be found, the bondsman will institute foreclosure proceedings on the property in order to recover any monies owed to the surety company.

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