What about Bail?
The Bail Bond Profession and Bail Agents are components of the Criminal Justice System that are very often misunderstood and demonized in the efforts to eliminate bail in the United States. The effort to eliminate bail is because it is thought wrong that people should have to pay for themselves to be bailed out of jail with a guarantee that they will appear in court.
One thing that most people do not understand about bail agents is the compassion and regard to making sure people go to court and if adjudged to be guilty, that those people will change their ways and lead a more productive life.
WHAT IS A BAIL BOND?
When someone is arrested the jail sets a bail amount on the person based on the charges they are arrested for. The bail has one purpose … to guarantee that a person shows up for all of their court dates. A Bail Bond is an insurance policy to the courts that gives this guarantee that a person will make all of their court dates. It is not to be punitive, rather to ensure a person appears in court.
HOW DOES A PERSON BAIL SOMEONE OUT OF JAIL?
There are two parts to a bail bond being posted:
The COSIGNER: Most bail bonds to be posted will require a cosigner. That is a person that will help make sure that the person being bailed out of jail will attend all of their court dates.
The PREMIUM (or cost of the bail bond): Bail premium rates are regulated by the California Department of Insurance. The premium you pay is just like the premium you pay for car, homeowner or health insurance. Bail insurance premium is fully earned upon the defendant’s release from jail. No matter the outcome of the case.
FREQUENTLY ASKED QUESTIONS (FAQs)
Q: Does the premium get returned when the case is done or if the person is found innocent?
A: As stated in the agreement of the bail bond: The bail bond premium is fully earned upon the release of the defendant from jail. The fact that the defendant may have been improperly arrested, bail reduced or the case is dismissed shall not obligate return of any portion of this said premium.
Q: How long does a bail bond stay in effect?
A: The bail bond stays in effect and will keep the person released from jail throughout all their court appearances unless they violate the terms of the bail bond, court orders, or are arrested on another matter.
Q: What happens if a person misses court?
A: If the defendant fails to appear in court, our company is notified by the court, and then we have 180 days to get the defendant back into court or into custody. If the defendant is returned to court, the “insurance policy” is not in jeopardy of being lost, and the bond will not have to be paid to the court. However, the defendant and cosigner are responsible for any costs incurred because the defendant failed to appear in court.
Q: What happens if the Defendant is not Returned to Court within the proper time period?
A: If the person is not returned to court or custody within 180 days, pending any extensions, then the court will enter a judgment against the bail bond in the full amount of the bail bond, which will then be paid to the court. The cosigner and the defendant are liable for this payment to the court, which gives a great incentive for the cosigner(s) to make sure the defendant does not miss court and/or is returned in the statutory time.
Q: What should be done if someone misses court while out on bail?
A: If someone misses court for any reason, we have the ability to file a motion with the court and request that the bail bond be reinstated back to the original terms and conditions. Therefore, our objective is to keep the defendant out of jail and on bail throughout the court proceedings.
Q: How do I know when the bail bond is completed, and the cosigners and the defendant are no longer liable for the bail bond?
A: Upon the completion of the case, the judge will “Exonerate” the bail bond in court. At this point, the bond is no longer needed or active, and the cosigner and defendant are no longer liable for the bail bond; however, they are still liable for any outstanding premium and/or expenses due.
Who is Greg Padilla Bail Bonds?
Since 1979, Greg Padilla Bail Bonds has committed to respectfully assisting those who have found themselves incarcerated. Clients can rely on the most professional and capable handling of their particular situation. We take great pride in knowing that our many satisfied clients have shared their appreciation of the excellent service they have received through Greg Padilla Bail Bonds. If you or a loved ever find yourself in need of a bail bond, please call our office 24/7/365 at (916) 446-BOND.