FAQ
Q:What is a Bail Bond?
A:Bail is a financial arrangement that a bail bonding agency will make to the court on behalf of the accused criminal defendant
. A bail bonding agency, acting for the defendant, will arrange with the court to have a suspect released from jail pending the trial in exchange for money and/or collateral, which may be cash, assets, or Insurance Surety Bond. The court accepts the monetary value of the bail.
The bail agency is then responsible for ensuring that the individual arrives in court on the day of his or her trial. If the individual does not appear in court, then the court may issue a Failure to Appear Bench Warrant. At that time the bail agency will be required to search for and re-incarserate the defendant
In it's simpliest form A Surety Bail Bond is surety to the court system that the full bail amount will be paid should the defendant fail to appear as required.
In some instances the court will allow "REAL" Property {i.e. home or land) of equal value to the used for Bail amount OR the court may allow the FULL cash amount of the Bail to be paid to the court to secure the defendants release. Not using a Bail Service. Cash and/or property will be returned in full when paid to the court if the case is closed without FTA. Only the excess of the 10-15% Bail Fee that may be retained by a Bail entity. The excess cash over the fee or deed held as "Collateral" will be returned from a Bail Bonding entity at the successful close of a case without lost. However when there is financial lost to the Bail entity, they will file a claim in the appropriate court to recover their lost from the held collateral, if no other payment terms are made.
A:
The bail agency is then responsible for ensuring that the individual arrives in court on the day of his or her trial. If the individual does not appear in court, then the court may issue a Failure to Appear Bench Warrant. At that time the bail agency will be required to search for and re-incarserate the defendant
In it's simpliest form
Q: Is a defendant released on bail really in the custody of the posting Bail Agency?
A: Yes, when a Bail Agency posts a Bail Bond with the Jail or Court, the Bail Agency is taking responsibility for the defendant to appear at all future court dates and as best as possible hold them accountable for complying with release conditions as set forth in the bond by the judge. For example, if a defendant does not follow the terms and conditions of the Bail Agency, or conditions written on the release order by the judge, then he/she, Defendant, risks being returned to jail! We provide the comfort of not being in a jail cell. However, if a defendant fails to communicate or check-in as required then he/she may be returned to jail.
A: Yes, when a Bail Agency posts a Bail Bond with the Jail or Court, the Bail Agency is taking responsibility for the defendant to appear at all future court dates and as best as possible hold them accountable for complying with release conditions as set forth in the bond by the judge. For example, if a defendant does not follow the terms and conditions of the Bail Agency, or conditions written on the release order by the judge, then he/she, Defendant, risks being returned to jail! We provide the comfort of not being in a jail cell. However, if a defendant fails to communicate or check-in as required then he/she may be returned to jail.
Q: How much does bail really cost?
A: The law varies from state to state. In South Carolina, the law provides that
ONLY a legally licensed by SC Department of Insurance Bail/Surety Agent may charge up to 15% of the Bail as set for the by the court. However it has become common practice to charge an acceptable 10% of the bail for bonding services.
Additionally, in many cases, Bail Agents recognize that these things occur often without warning and large Bailbond amounts may be hard to produce on short notice. Giggie's Bonding is happy to negotiate a case by case review of needs for payment arrangements to hopefully make it possible to accomplish the defendants release.
Giggie's Bonding is proud to consider a 10% discount for Members of the US Military, active and Veteran clients (defendants) or their indemnitor (requestor, who signs guarrantee).
A: The law varies from state to state. In South Carolina, the law provides that
ONLY a legally licensed by SC Department of Insurance Bail/Surety Agent may charge up to 15% of the Bail as set for the by the court. However it has become common practice to charge an acceptable 10% of the bail for bonding services.
Additionally, in many cases, Bail Agents recognize that these things occur often without warning and large Bailbond amounts may be hard to produce on short notice. Giggie's Bonding is happy to negotiate a case by case review of needs for payment arrangements to hopefully make it possible to accomplish the defendants release.
Giggie's Bonding is proud to consider a 10% discount for Members of the US Military, active and Veteran clients (defendants) or their indemnitor (requestor, who signs guarrantee).
Q: How come some agencies state 0% down?
A: This may be misleading since a company would go out of business writing free bail. However, there are companies, who will take a lien on your house and require monthly payments to cover the bail premium with a minium down. In the STATE OF SOUTH CAROLINA, the law REQUIRES a cash downpayment on fees of no less than twenty-five dollars. It is illegal to release a defendant with ZERO paid down in South Caroliuna at this time, however there is a proposal to increase that minimum amount.
A: This may be misleading since a company would go out of business writing free bail. However, there are companies, who will take a lien on your house and require monthly payments to cover the bail premium with a minium down. In the STATE OF SOUTH CAROLINA, the law REQUIRES a cash downpayment on fees of no less than twenty-five dollars. It is illegal to release a defendant with ZERO paid down in South Caroliuna at this time, however there is a proposal to increase that minimum amount.
Q: Do I need collateral?
A: Every case is different. At Giggie's we strive to find a solution that helps families secure their loved one's release. Our Joy is bringing families together. With high bail amounts or when a defendant is considered high-risk for Failure to Appear history, collateral is necessary. If you have questions, don't be afraid to call and ask!
A: Every case is different. At Giggie's we strive to find a solution that helps families secure their loved one's release. Our Joy is bringing families together. With high bail amounts or when a defendant is considered high-risk for Failure to Appear history, collateral is necessary. If you have questions, don't be afraid to call and ask!
Q: What can I put up for collateral?
A: Cash or anything of resale value technically! However, due to the nature of our industry, mostly we require what is often referred to as "Real Property" that is land or a home permanently placed on land. When that is not available we will negotiate an amount of cash that we feel is best able to offset our potential lost should the defendant fail to comply with court appearances.
When a homeowner is signing often we may not require a lien unless forfeiture occurs. However in many Large Bond cases, the under-writing surety corporation may require the lien be placed by the local agency before the bond initiates. In those cases a more specific review of the property will ensue after the equitable value is estimated and documents signed the release will be considered secured.
A: Cash or anything of resale value technically! However, due to the nature of our industry, mostly we require what is often referred to as "Real Property" that is land or a home permanently placed on land. When that is not available we will negotiate an amount of cash that we feel is best able to offset our potential lost should the defendant fail to comply with court appearances.
When a homeowner is signing often we may not require a lien unless forfeiture occurs. However in many Large Bond cases, the under-writing surety corporation may require the lien be placed by the local agency before the bond initiates. In those cases a more specific review of the property will ensue after the equitable value is estimated and documents signed the release will be considered secured.
Q: How do I determine equity for a home?
A: Recent sale amounts for homes similar to yours. For example, if you currently owe $375,000.00 on your home and the homes in your area are being sold for $475,000.00, then you have $100,000.00 equity. However, it really depends on the condition of your home and the current market. If you have questions don't be afraid to call us!
A: Recent sale amounts for homes similar to yours. For example, if you currently owe $375,000.00 on your home and the homes in your area are being sold for $475,000.00, then you have $100,000.00 equity. However, it really depends on the condition of your home and the current market. If you have questions don't be afraid to call us!
Q: What if the person I bail out does not appear?
A: The court will issue a warrant for the arrest of the defendant. In addition, a notice will be sent to us regarding the failure to appear. At that time the person (s) having requested the defendants release ( the Indemnitor) will be required to assist the bonding company with recovering the defendant.
In South Carolina we have 90 days from the date of the issuance of the Warrant to place the defendant back in custody. If the defendant is not recovered, that is either re-incarcerated or the Bench Warrant recalled, then the FULL bail amount may be required. This in addition to any cost having occurred due to searching for the defendant.
Bench Warrants are a second charge and does not necessarily go away, even if the original charge is dismissed. So they are to be avoided like the plague! Even if you are found guilty, BW's can add years and thousands of dollars to your sentence, because it is a separate violation of the court from the original charge. Giggie's has a long history of working with our clients. Sometimes people, who have been in full compliance, have a unique event and unintentionally miss one of many court appearances. If our clients attorney is able to affect a Bench Warrant recall, we often agree to continue the bond, when possible. But it should be noted that this is a rare event. The court considers unavailable equal to death, current incarceration, or hospitalization the ONLY viable excuses. NOT receiving your card do to moving, forgetting, no transportation, etc. are YOUR very costly failures. SO NEVER MISS COURT.
A: The court will issue a warrant for the arrest of the defendant. In addition, a notice will be sent to us regarding the failure to appear. At that time the person (s) having requested the defendants release ( the Indemnitor) will be required to assist the bonding company with recovering the defendant.
In South Carolina we have 90 days from the date of the issuance of the Warrant to place the defendant back in custody. If the defendant is not recovered, that is either re-incarcerated or the Bench Warrant recalled, then the FULL bail amount may be required. This in addition to any cost having occurred due to searching for the defendant.
Bench Warrants are a second charge and does not necessarily go away, even if the original charge is dismissed. So they are to be avoided like the plague! Even if you are found guilty, BW's can add years and thousands of dollars to your sentence, because it is a separate violation of the court from the original charge. Giggie's has a long history of working with our clients. Sometimes people, who have been in full compliance, have a unique event and unintentionally miss one of many court appearances. If our clients attorney is able to affect a Bench Warrant recall, we often agree to continue the bond, when possible. But it should be noted that this is a rare event. The court considers unavailable equal to death, current incarceration, or hospitalization the ONLY viable excuses. NOT receiving your card do to moving, forgetting, no transportation, etc. are YOUR very costly failures. SO NEVER MISS COURT.
Q: What if the person I bail out gets re-arrested in a different county or state?
A: Call us immediately so we can make sure you are protected. Communication is very important.
A: Call us immediately so we can make sure you are protected. Communication is very important.
Q: Are there any additional legal fees?
A: In the event of Failure to comply or Failure to Appear as required, or there is a threat of forfeiture (when the defendant failed or refused to appear in court as required) there may be additional costs. Note that Bail Bonding Companies are governed by the Department of Insurance. Insurance is designed to "Make One Whole" again from lost, but NOT to profit. Bail Services have the CONTRACTUAL legal right to require the person (s) to reimburse them for financial lost due to the clients failure to perform as required. However the company can only require actual lost be reimbursed, such as attorney, court, clerical support, hourly rate for time etc. So you DO have a right to ask for an itemized billing of cost. Please know that the Bail Service has the right to pursued the matter through a Civil Court hearing.
A: In the event of Failure to comply or Failure to Appear as required, or there is a threat of forfeiture (when the defendant failed or refused to appear in court as required) there may be additional costs. Note that Bail Bonding Companies are governed by the Department of Insurance. Insurance is designed to "Make One Whole" again from lost, but NOT to profit. Bail Services have the CONTRACTUAL legal right to require the person (s) to reimburse them for financial lost due to the clients failure to perform as required. However the company can only require actual lost be reimbursed, such as attorney, court, clerical support, hourly rate for time etc. So you DO have a right to ask for an itemized billing of cost. Please know that the Bail Service has the right to pursued the matter through a Civil Court hearing.
Q: How long does it take to get my money back?
A: When using a Bail Bonding Service ONLY collateral is potentially refundable. Once the case is concluded, should there not be any lost due to the defendants failure to comply, the Bail Bonding Company is required by law to refund the Collateral funds ONLY. The Bail Fee charged is the cost for services rendered. Collateral is the additional amount that may have been required should the Bail Company deem the defendant High Risk or a large bond.
When money is paid directly to the court for a defendant's release, rather than a bail service, then the circumstances of potential refund would come from the court it was paid to. When money is paid directly to the courts clerk for an individuals release, it is held by the court until the case is concluded. If fines are levied against the defendant, the funds will be refunded less the fine amount, or cases where there are court cost less those fees. Otherwise, if found NOT quilty, the court will refund the amount they recieved.
A: When using a Bail Bonding Service ONLY collateral is potentially refundable. Once the case is concluded, should there not be any lost due to the defendants failure to comply, the Bail Bonding Company is required by law to refund the Collateral funds ONLY. The Bail Fee charged is the cost for services rendered. Collateral is the additional amount that may have been required should the Bail Company deem the defendant High Risk or a large bond.
When money is paid directly to the court for a defendant's release, rather than a bail service, then the circumstances of potential refund would come from the court it was paid to. When money is paid directly to the courts clerk for an individuals release, it is held by the court until the case is concluded. If fines are levied against the defendant, the funds will be refunded less the fine amount, or cases where there are court cost less those fees. Otherwise, if found NOT quilty, the court will refund the amount they recieved.
Q: How Bonds and Bondsmen Work, If the case gets dropped?
A: When a bail bondsman, working as a bail bonding agency, puts up a fee for the release of a suspect on bail, the bondsman charges a fee of usually about 10% of the amount of money that is required to satisfy the bailbond. This initial fee is not refundable, even if the case is thrown out dropped by accuser, or dismissed, after the defendant posts bail.
The fee is considered fully performed once the individual has be released from custody on the bond as requested. Should they return to jail shortly thereafter on different charges the previous bond release was performed as requested. Therefore payment was due in full upon release and all payment contracts remain legally binding.
A: When a bail bondsman, working as a bail bonding agency, puts up a fee for the release of a suspect on bail, the bondsman charges a fee of usually about 10% of the amount of money that is required to satisfy the bailbond. This initial fee is not refundable, even if the case is thrown out dropped by accuser, or dismissed, after the defendant posts bail.
The fee is considered fully performed once the individual has be released from custody on the bond as requested. Should they return to jail shortly thereafter on different charges the previous bond release was performed as requested. Therefore payment was due in full upon release and all payment contracts remain legally binding.
Q: Do you get your money back if charges are dropped?
A: Only if you secured the release by paying the court directly. When paying a Bail Bonding Service,
the service FEE charged is not refundable, unless the bond is canceled with the court,
before
release of the defendant.
Q: Do I call a bail bondsman or a lawyer?
A: If you are placed under arrest normally you will be taken into police custody and "booked" or "processed." During booking, officers will generally:
Record your personal information (name, date of birth, physical characteristics);
Record information about the alleged crime; (Do this at your desecration, if no lawyer).
Record your fingerprints, and photographs;
Check for any criminal background;
Search your person and confiscates any personal property like keys, phone, or a purse (to be returned upon your release); and
Place you in a police station holding cell or local jail.
A: If you are placed under arrest normally you will be taken into police custody and "booked" or "processed." During booking, officers will generally:
Record your personal information (name, date of birth, physical characteristics);
Record information about the alleged crime; (Do this at your desecration, if no lawyer).
Record your fingerprints, and photographs;
Check for any criminal background;
Search your person and confiscates any personal property like keys, phone, or a purse (to be returned upon your release); and
Place you in a police station holding cell or local jail.
**You will be held until taken before a Magistrate Judge, who will decide the amount of Bail to secure your release, he may decide your circumstances meet criterion for Personal Recognizance-or "signing yourself out."
1. Now If you’ve been arrested for a minor offense, reside locally, and have no history of Failure to appear you might be given a written citation and released, after signing the citation and promising to appear in court at a later date. This is call "Personal Recognizance Release."
1. Now If you’ve been arrested for a minor offense, reside locally, and have no history of Failure to appear you might be given a written citation and released, after signing the citation and promising to appear in court at a later date. This is call "Personal Recognizance Release."
2. Secure Bail Release has MANY varying forms but most include needing surety wither, cash to the court, or "Real Property" to the court. A monitoring device service with Professional Surety Bail or without.
After seeing the judge THEN you will need to decide, the next step. IF bail was assigned., call a bail agency or better a loved one who can start arranging your release.
If bail was NOT given then it was due to the severity of the charge and you will need a lawyer for both securing a bond AND for getting a Higher Court Judge to set bond. Some charges MUST be remanded to higher (Circuit ) court judges and some cases the Magistrate may feel there is an on-going threat. So he recuses himself from setting bond and leaves that to a Higher Court. In either case you Must secure an Attorney prior to release.
In most cases the FASTEST way out of jail is to see the Magistrate judge, make his bail.........then hire a lawyer when you have more time before court. Otherwise you will stay in jail till you BOTH secure an attorney and Bail Fee.
