subject: Legal Talk: Bail Bondsman/bail Agent (fiador De La Libertad Bajo Fianza) Functions [print this page] A bail bond is one method used to obtain the release of a defendant awaiting trial upon criminal charges from the custody of law enforcement officials. The defendant, the defendant's family and friends, or a professional bail bond agent (or bail agent) executes a document that promises to forfeit the sum of money determined by the court to be commensurate with the gravity of the alleged offense if the defendant fails to return for the trial date.
Most defendants are financially unable to post their own bail, so they look for help from a bail agent, who, for a nonrefundable fee of 10 to 20% of the amount of the bail, posts bail. A bondsman becomes liable to the court for the full amount of bail if the defendant fails to appear for the court date. Before agreeing to assume the risk of posting bail, the bondsman requires collateral from the defendant, such as jewelry, Securities, or written guaranties by creditworthy friends or relatives of the defendant. This collateral acts as security to ensure repayment for any losses the bail agent might incur.
Not all appeals for bail money are approved by a bondsman. If the defendant appears to be a "poor risk," and unlikely to return to court for trial, the bailbondsman will refuse to post bail. A defendant who has a record of steady employment, has resided in the community for a reasonable length of time, and has no prior criminal record is considered to be a good risk.
The bail bondsman, the defendant, or another interested party posts bail in the form of the bail bond at the court where the defendant is required to return for the proceeding. The court clerk issues a bail ticket or similar document, which is sent to the police to notify them that bail has been met. The defendant is released from custody when the bail bond is received by the police. Liability under the bail bond ends when the defendant fulfills the conditions of the bond by appearing in court on the specified date, or if the terms of the bond become impossible to execute, such as by the death of the defendant or by his or her arrest, detention, or imprisonment on another offense in the same or different jurisdiction.
The point is, the primary responsibility of a bondsman is to coordinate release for the arrested person until their court appearance.
There are also different types of bonds. Cash bonds are posted by friends, family, or yourself when you're arrested for a crime. These bonds require the full bail amount and are not financed through a bail bondsman (fiador de la libertad bajo fianza). Immigration bonds, like other court bonds, guarantee the appearance of an individual charged with a legal violation in court. Bonds for immigration charges are posted with the immigration and naturalization service instead of a standard jail facility.
Depending on the jurisdiction of the case, an individual may be able to use property to gain release. The individual posts a property bond with the court. Lastly, the use of a surety bond involves a series of contracts with a bondsman, or bond agent, for the bail money. The bondsman interviews the arrested individual and the guarantor prior to assuring that the accused will appear in court.
Check for a trusted and reliable bail agent in Tampa Bay, Tampa, Bay Area, Hillsborough, and Pinellas now.
