If a person has not been released on their own recognizance, or released on citation, they will need to post bail. The basic bail release options available to an arrestee are cash bail, property bond or a surety bail bond. A To Z Bail Bonds is a "Surety Bail Bond Agency". To learn more about the bail process continue on this page. To go directly to what A To Z Bail Bonds requires to post bail, click here.
To be released on cash bail, an individual must post with the court the total amount of the bail, in cash, to secure his or her return to court on an appointed date, and thereafter until the case is concluded. Full cash bonds provide a powerful incentive for defendants to appear at trial. If the defendant shows up for their scheduled court appearances, the cash is returned at the court's convenience. The drawbacks to cash bail, are that you must have the available cash to be deposited with the court, in some cases for months or years. Also, if the judge assesses a fine as part of his judgment, and the judge is aware that cash already has been deposited, it is an incentive for the judge to make the fine equal to the cash deposit. Last, if the defendant fails to appear, the cash bond may be forfeited to the court.
In some cases an individual may obtain release from custody by means of posting a property bond with the court. Usually, the defendant or his/her immediate family will use the equity in their residence(s) to secure the release from jail. The equity in the property must be two to three times the bail amount. The court will record a lien on the property to secure the bail amount.
If the arrestee subsequently fails to appear at the scheduled court date, the court may institute foreclosure proceedings against the property to obtain the forfeited bail amount, and the property will be taken from the depositor(s) by the state.
Webster's dictionary defines "Surety" as: "One responsible for another...one who binds himself to stand good for another..." An alternative to cash or property bail, is the posting of a surety bail bond through a licensed bail agent. Only a licensed bail agent may negotiate and post a surety bail bond. In most states, bail agents are licensed through their state's Department of Insurance.
The bail process involves a contractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the face value of the bonds issued. The bail agent guarantees to the court that the bail forfeiture will be paid if a defendant fails to appear for a scheduled court appearance.
Prior to the posting of a surety bond, the bail agent undertakes an interview with the "indemnitor" (proposed guarantor of the surety bail bond). The purpose of the discussion with the indemnitor is to establish his/her ability to pay the bail agent all costs pertaining to the bond. It is not unusual for there to be more than one indemnitor for a bail bond. Sometimes it may be necessary for the indemnitor(s) to provide "collateral" to secure the bail bond.When all underwriting criteria are satisfied and the premium paid, the bail agent will post the bond. For providing this service the bail agent charges a fee called the "premium." This "premium" is usually a percentage of the total bail amount and considered fully earned when the defendant is released from custody on the bail bond.