A bail bond is a non-refundable payment that you pay to a court in order to guarantee the entire amount of bail in the event you fail to live up to the terms of your release. In most cases, the bond covers 10% of the total bail.
While bonds vary from one state to the other, most states have the same approach to this policy. Here are four things you need to know about bail bonds:
For you to be given a bond you must be 18 years of age. You should also be trustworthy and of good character. The bondsman is the person who negotiates and effectuates bail bonds on behalf of the insurer.
If you are interested in becoming a bail bondsman you have to pass an examination and have a one year experience as an employee of a bail agent.
If you are given a bond and you fail to appear in court, the bond is forfeited and an arrest warrant is given. The court clerk is the one who notifies the bondsman and the state’s attorney about the forfeiture.
Since the bondsman is the one who has custody over you (defendant), he has authority to arrest you anytime. When the bondsman arrests you, he can be given a financial reward.
Defense to forfeiture
While a bond is forfeited when you fail to appear in court, you can defend the forfeiture if you are able to show a reasonable reason as to why you failed to appear in court. Some of the reasonable reasons include: sickness or death of a loved one.
When you defend the forfeiture, the court can strike out the forfeiture in part or in whole. It can also set aside any judgment or order you and the bondsman to pay the remainder of the bond. The court can also sentence you to go to jail.
This is a law that was created in order to enforce the bondsman to cover any expenses from the state that were exhausted in an attempt of pursuing a defendant. While the bondsman can apply for a refund, the law permits the courts to go against a bail bondsman if he fails to cover the expenses.
These are the four things you need to know about bail bonds. For you to have an easy ride, you should honor the bond and ensure that you appear in court at the set date.