We are usually asked about:

What is a Bail ?

In short, bail bonds is a part 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 sum of money, real 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 Constitution of the United States.

How does a Bail Bond work?

The court system will set the amount of bail required for the defendant’s release. Under state law, a company can provide a “bail bond” that guarantees payment of the full bail amount to the court if the defendant does not show up for all scheduled appearances. These bail bonds are offered by licensed bail service providers. For providing the pre-trial release service, bail service providers charge a premium – a percentage of the total bail amount, typically 10%. For example, for a bail amount set at $20,000, the premium would be about $ $2,000 plus any additional fees required. The bail service provider must charge the premium rate that it has filed with the Department of Insurance and the premium is not refundable once the defendant is released.

What is a Bail Bond?

A bail bond is a financial guarantee made by or on behalf of a criminal defendant that is used to guarantee their appearance in court through the end of their trial. Failure by the defendant to appear will result in a bail bond forfeiture.

Why don't I get my premium back?

Bail Bond premiums (a.k.a. the 10% you pay) are normally fixed by contract with the state. A bail bond premium is a lot like car insurance. You are purchasing an insurance contract for the individual being released. Even if you never get in an accident in your car, you don’t get your insurance premium back. Bail bonds work the same way.

Who is a co-signer?

A co-signer/guarantor is the person(s) willing to be responsible for the defendant while they are out on bail and who co-assumes financial responsibility, including guarantee of the full bail bond amount.

When does a forfeiture takes place?

A forfeiture occurs 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 possible in many cases that the bail bond may be “reinstated” by the defendant working with Bail 2 Go to report back to the court, which allows the court to set a new trial date for the defendant.

What is a reinstatement?

This 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 Bail 2 GO, will report back to the court which allows the court to set a new court date for the defendant. This proceeding may result in additional fees to the defendant/co-signer.

Is premium refundable?

The defendant and any co-signer(s) are responsible to the bail service provider for the premium and any fees or additional expenses incurred by the bail service provider on their behalf. These monies are earned at the time 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 placed back into custody for another offense.

What is a bond discharge?

A bail bond is exonerated when the legal process/trial has finished. It does not matter whether the defendant is found guilty/innocent or if the case has been dismissed. At this point, the bail bond is discharged. However, any unpaid premium, fees or other amounts charged by the bail service provider are still owed.

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Consumer Tip

Deciding which bail bondsman or bail bonds agency to use is one of the most important decisions a consumer can make when being in jail. The level of service provided by various bail bondsmen can be quite different even though the state regulates the same rates. Every person’s situation is unique and it is important to select the best bail agency for your needs.