Posting Bail
Have you or a loved one ever been arrested? If so you are
probably familiar with the term bail. Bail refers to the amount needed to get a
person released from jail . Every county is different but the bail amount is set
one of two ways. In some counties it is set through a predetermined bond
schedule especially if the criminal offense is a misdemeanor. If there is no
bond schedule in that county or the charge is a felony then it is set by a judge at
first appearance, usually within 24 hours of the arrest. In either situation,
after the bail is set friends or family are able to post bond to have their
significant other released, and It is understood that the release on bail is
contingent upon the defendant or detainee returning to court each and everytime he/she is summoned to do
so. There are two ways of going about obtaining bail in the state of Florida.
Those two ways are as follows:
1.
A Cash Bond which is the equivalent of you posting the total bail amount in
cash or cashiers check at the detention facility to get your family member or
friend released. (i.e. John Doe is arrested and given a $5000 dollar bond by
that counties magistrate, in order to post a cash bond, some one must obtain
$5000 cash, take it to the jail and arrange his release.). Many times court
cases can take months or years to be resolved and in the meantime those
funds are frozen with the county. If the defendant
makes all his required appearances, upon disposition and total clearing of the
case whomever put up this money to the court will be eligible to receive back
the said money minus any fines, restitution or clerk and court associated costs.
In the event the defendant fails to appear at his scheduled
court appearances the person that posted the cash bond
stands to lose the whole amount of bail. If some one does not have the total
cash available or does not want to have the money frozen a better decision for
them would be to contact a bail bondsman and arrange a
surety bond
2.
A Surety Bond is obtained when you employ the services of a bail bondsman. For a
fee a Bail Bondsman will use his money and assets to secure your loved ones
release. The fee is regulated by the state and in the state of Florida the fee
for a state bond is 10% of the total bail. For federal charges the fee is 15 % .
So if John Doe was arrested and given a $5000 bond on local or state charges the
bondsmans fee would be $500 dollars (10%) .
The Surety Bond is a
contract which guarantees the defendant's appearance in court to the
State . The Bonding Agency is fully liable
if the defendant does not appear in court. The bonding agency requires collateral from the guarantor of the
bond. The Guarantor generally knows the defendant and is willing to
guarantee the defendants appearance. When the defendant case is
"adjudicated" the contract is terminated and the guarantor is released
from his obligations under the bond. Any collateral taken is returned
to the guarantor once the Clerk of Courts issues a discharge of the
bond. The collateral or security
portion can be anything of value equivalent to the amount of the bond. In
certain circumstances collateral may be negotiated depending on different
factors including but not limited to the amount of the bond, ties to the
community, financial stability, criminal record etc. Examples of collateral
would be vehicle or vessel titles, real estate, cash, jewelry, stocks, etc.
Cash vs Surety
There is one fundamental difference between posting a
Surety Bond through a Bail Bondsman and posting a Cash Bond directly through the
jail . Lets say you were to post a cash bond and the defendant failed to show
up, you as a civilian do not have the right to apprehend or detain the defendant
in order to prevent the loss of your hard earned money. Not only could you be
charged yourself with a criminal violation but you also automatically forfeit
the bail money to the county. Given the same situation if you use a
bail bondsmans services the bondsman would be actively looking for the defendant
with full authority to arrest him and return him to the the custody of the
county .
Sometimes errors in the system occur and sometimes
circumstances beyond your control arise. It is not uncommon that an attorney forgets
to file a form on time, a wrong or conflicting court date is given, you are in the hospital, etc. All
of these can be worked out without substantial financial loss to anyone. The key
is to communicate that to your bondsman so that he may make the necessary
arrangements and provide proof or documents to the court. Not all issues may be resolved but bondsmen would rather work with you than launch a search
for you .