Bail Bond FAQ’s

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What is an Indemnitor? What Are My Responsibilities?

An “Indemnitor” or “co-signer” is responsible for signing a bail agreement/contract, and qualifying for the bond on behalf of the “defendant” or the person in jail custody. If you choose to co-sign on behalf of the defendant, you will become legally and financially responsible for making sure the defendant shows up to all their court appearances and fulfills all of their court mandated obligations.

As the defendant’s “indemnitor,” you will accept full responsibility for the entire “face amount” of the bond should the defendant not return to court. This includes paying for the entire premium or any other fees associated with the bond. Therefore, it is important that you know the person you are signing for, and have complete confidence that they will fulfill all their court obligations because you are taking on a high financial risk. This could also include any “collateral” taken to secure the bond, such as a deed of trust to property, a pink slip or other item of value.

However, once the defendant’s case is completed, meaning: They show up for all mandated court dates, they are sentenced, the case is dismissed or the bond is exonerated, the responsibility of the indemnitor/Co-signer will be fulfilled and no other money is owed to the court.

it is also important to understand that, no matter what the outcome of the case, (it is: dropped, dismissed, a D.A. reject, not filed, etc.) the premium you pay to the bondsman for the original release of the defendant must be paid in full. If you are making payments to the bondsman via a payment plan, you must continue to make all payments until the premium is paid in full. Once the premium is paid off, there will be no further amount owed to the bondsman and the file will be closed.

How can I qualify for the bail bond?

We can determine that when you call our company by asking you a  few questions. Some of the questions we ask may seem a bit personal, however, we need to evaluate the risk we are taking on in underwriting the bond.  Details such as your employment, home-ownership, credit rating, citizenship, family status, etc., will be discussed.

We will also ask questions of the same nature about the defendant in custody. We’ll then determine whether we can do what is called a “signature bond” or, if we’ll need to take collateral, such as California real property.

When Am I no longer responsible or liable for the bond?

Once all court dates have been met and all legal obligations, classes and fines have been handled the court will exonerate the bond and you will no longer be held liable for the bond.

What happens to them if they are not bailed out?

In general terms, the defendant will remain in custody at the jail until their arraignment.

What Is Collateral?

Collateral can come in the form of California Real Estate,  Cash, or other forms. If the bond is large or high risk, the bail bondsman may require collateral to secure the bond. Factors such as the defendant’s past history of arrest, their credit, employment or residence history or how long the Indemnitor has known the arrestee will all play into the underwriting of the bond. A lien will be taken on property or cash will be deposited into an escrow account and held until the bond has been exonerated and the premium and all fees have been paid in full.

If I use collateral to secure the bond, when will I get it back?

Any collateral taken from the signer(s) of the bonds will be returned to its rightful owner(s) immediately following the final payment of all premiums and the bond has been verified “exonerated” by the court.

However, should a forfeiture of the bond occur, any and all collateral may be lost. It may be liquidated in order to pay the face amount of the bond which includes any other unpaid premiums and/or expenses. It’s important to read the details of the contract prior to signing over any collateral for a bail bond. We are always happy to answer your questions about collateral and the bail process.

What exactly does it mean when a bond has been “exonerated?”

A bail bond will be “exonerated” when the defendant has appeared for all court dates as scheduled and their case is completed.  Additionally, neither those who provided collateral or the bail bonds company will have any further financial obligations to the court regarding to the defendant’s case.

What is the Bail Bond Premium?

The bail bond premium is the amount you (the indemnitor) will pay the bail agency prior to the release of the defendant.

For example, if the bail amount has been set at $25,000, you will pay a $2,500 premium to the bail agency for the defendant’s release. This amount is rendered upon the release of the defendant and is non-refundable; even if the case is dismissed or no charges are filed. The premium is earned by the bail bondsman upon the defendant being released from jail.

Why do people have to post bail?

The answer in truth, is they really don’t. If a judge grants bail for the defendant, they are under no obligation to have to pay for it or pay the 10% to a bail bondsman. Bail is merely the opportunity for the defendant to be released from jail while they await their court date.

Most people would rather be released from jail than have to wait in a jail cell until their arraignment. This also gives them time to get their personal items in order, get an attorney, public defender or legal team, take care of work or school issues and provide for child and family issues.

What happens with all charges have been dismissed or the case is dropped?

If the case is dismissed, or all charges have been dropped, the indemnitor will no longer carry any responsibility or liability for the bail bond they signed for. However, the premium that was paid for the bond is non-refundable.

Can SCV Bail Bonds handle posting bail at any jail in California?

Yes we can. We work with a professional network of licensed agents and can operate at most stations and jails located throughout California.

What if I live in another state, but my friend or family member has been arrested in California?

That’s okay. We can easily fax or email our easy application to you anywhere in the United States.  Once it’s complete, just fax it back to us.  It’s as easy as that.

Should I hire an Attorney?

We get asked that question a lot, however, bail agents are are not permitted to provide any legal advice regarding your specific case. However, we always recommend consulting with a legal professional/attorney when it comes to the specifics of your case. They can best advise you in how to move forward smoothly, while discussing your rights and the charges that were brought against you.

Is a bail premium tax deductible?

Bail premiums are not tax-deductible.

My family member, friend or loved one just got arrested, what will happen to them now?

The first thing that will happen is the arresting law enforcement agency will transport the defendant to the local police station jail or the County Jail for processing and booking into the jail system.

This process can take anywhere from 1 to 4  hours or more to complete, depending on the facility and the jail staff. Once the booking process is complete, a bail amount will be set if the defendant is not released on O.R. (own recognizance), or Citation Release (cited out). If bail is set, we can provide that amount for you.

How Bail is Set in California – L.A. Bail Schedules

In California, Judges are responsible for setting bail amounts and for creating what is commonly known as a “Bail Schedule” which is reviewed on an annual basis.

The type of crime the defendant has allegedly committed will dictate the amount of bail which is set for them. The more serious the crime or the higher likelihood of the defendant receiving jail time, will generally equate to a higher bail amount set.

What a Judge will always consider first is public safety; while the defendant’s “flight risk will also be considered. The Judge wants to make sure the defendant shows up for their appointed court dates.

Los Angeles Bail Schedules:

2015 Los Angeles County Felony Bail Schedule

2015 Los Angeles Bail Schedule for Misdemeanors and Infractions

What is a Bail Bond and Why Do You Need One?

Bail bonds, also called “surety bonds” offer the court financial incentive for an arrested defendant to appear in front of a judge for their appointed court date.

In order to procure the release of a defendant while they are awaiting their arraignment, the indemitor (signer) will  pay a bail bondsman 10% of the the total amount of the bail to “post the bail bond” with the jail or court. This fee is non-refundable.

When you post a bail bond, you, (the indemnitor), us (the bail bond agency) and the surety (the insurance company), are essentially “guaranteeing” the court that the defendant will follow through with their court appointed agreements and show up for every court date.

Bail agencies such as ours, offer a valuable public service because bail amounts can sometimes equal thousands, to tens of thousands of dollars. In these days of economic hardship, many people cannot afford to pay the court the full amount of the bail.

How Much Does a Bail Bond Cost?

In California, bail is set at 10% of the bail premium. For example, if the total bail amount is $20,000, it would cost $2,000 to bail a defendant out of jail via the services of a bail bondsman.

With our company, there are never any interest fees, additional charges or taxes added on to the cost of the bail bond.

What Are The Different Types of Bonds Available?

Surety Bond:  This is used when the bail has been set by a Judge too high for most to pay in cash.  A Surety bond is also known as a bail bond.

Property Bond: Allows the court to issue a lien on real property for the total amount of the bail. This process however, can take quite a while. It’s like having a home in escrow to an extent. Should the defendant not show up to court, the foreclosure process may be initiated on the property.

What is A Cash Bail?

If you have the money, you can always do what is called a “cash bail” and take the full amount, (in our example, $20,000), down to the jail and pay the clerk at the window. Once the defendant has fulfilled all of their court obligations and the bond has been exonerated, the full $20,000 would be returned to you (minus any administrative fees).

Please be aware the money you pay for the defendant’s release at the jail can take quite a while, possibly months to be returned to you. This is why using a bail bondsman is the fastest, easiest, most convenient way of procuring release from jail with the least possible amount of money and time.

What Happens After the Bond Has Been Posted?

When the bail bond has been posted by a licensed bondsman, the defendant will be “released on bail.” This means, they are under the wing of the bail bond company until they complete all court dates and their bond has been exonerated.  Once the case is completed, the bond has been exonerated, and all bail premium fees have been paid, the defendant and indemnitor are under no further obligation to the bail agency.

Is The Premium Refunded After The Case is Ended?

The 10% premium (bail fee) you pay the bail agency for a bail bond is non-refundable; even if the case has been dismissed or the charges have been dropped. The bail bondsman has earned his or her fee at the time the defendant was released from jail.

Questions About Bail Bonds?

If you have any questions about the bail bond process, how to go about getting one, or, you’re thinking about becoming someone’s indemnitor, don’t hesitate to call. We offer free of charge consultations and can explain all of your responsibilities. A licensed, professional bail agent can work one-on-one with you.

Have a specific question about bail or the bail process? Call us anytime and ask one of our knowledgeable, caring agents. We’re ready to help you at 877- 4 BAIL 911 or (877-422-4591).