|
The concept of bail dates back to the origination of
English law. Sheriffs knew that long periods of time
could pass from the arrest to the trial date or
preliminary these sheriffs managed the jail and were
frequently the bail officers. At that time, jails
were easy to escape from; and keeping someone in
prison was costly and problematic. By law, a sheriff
whose prisoner escaped was hung for the offense. In
addition, the jail environment was unsanitary; and
prisoners could die before trial. Bail bonds posted
by friends and family, who took the responsibility
for the accuser’s court appearance, then became the
prison release of choice. The thought behind this
idea consists of the belief that the family will
keep track of the accused instead of forfeiting
their property, Due to the strong family tie; it was
assumed that the accused would appear for trial to
protect the interest used for his bail. In addition,
bail prevented the punishment of imprisonment until
the accused was found guilty of the crime. These
ideas later became part of the U.S. legal system and
are protect in the right to due process in the event
of a criminal offense.
WHY BAIL BONDS WORK
Being private enterprise more defendants will appear
for trial with out cost to taxpayer or government.
BAIL LICENSES
In many states, the bail bondsman is required to
obtain a license from the state insurance
commission. The minimum age requirement to obtain a
bail bondsman license is 18 years old, In many
instances, twelve hours of pre-licensing class time
are required. This class time covers the legal
aspects of providing bail bonds, including the
rights of the accused and ethical a business
practices. A surety company bond for usually 1
thousand dollars is also required to be filed along
with the state department of insurance application.
Copies of all of the agreements used in business
should also be provided for review by the insurance
commission. Fingerprints are also required to be on
file with the application. Applicant must pass the
department of insurance’s written exam. Most
licenses are issued to individuals and are valid for
one year. License renewal requires an additional fee
and six additional classroom hours. For additional
information on the bail bond licensing process,
contact your state insurance commission.
BAIL BONDS CODE OF ETHICS
The behavior of bail bondsmen is covered by a code
of ethics. The code of ethics specifies the bond
agents’ duties regarding their clients, community,
and competition for clients. Bondsmen owe their
clients the best effort to post bail within a
specific time frame. A bond agent also has the
obligation to turn down clients in certain
instances. Specialized bonds should be handle be
experienced bond agents. A bond agent should tell
the client if they’re unable to handle the bonding
situation. Bond agents have the responsibility to
exercise care and protect the personal property put
up for collateral aspects of using collateral should
also be familiar to the bond agent. Bondsmen are
liable for negligent acts regarding the collateral
or business dealings. The bond agent should not
discriminate based on race, religion, or national
origin. The bond agent should also operate fairly to
avoid conflicts with other licensed bond agents. The
bondsman should make every effort to explain the
disclosure agreements and bail documents. Additional
information on the code of ethics can be obtained
from a bail bondsman in your area.
CONFIDENTIALITY RELATIONSHIP WITH BAIL BONDSMAN
A bail bond service provides a confidential source
of funds for your bail. The services of a bail bond
agent can prevent you form going to friends, family,
banks, and other financial sources to obtain the
bail amount. Using a bail bondsman allows you to
complete the paperwork in one sitting. This prevents
headaches and allows you to focus on your defense.
You can easily determine and sign over collateral
items at one time. It prevents the need to transfer
funds at a numerous financial institutions. The
bonding services allows you to maintain some control
over your defense. You can easily determine and sign
over collateral items at one time. It prevents the
need to transfer funds at a numerous financial
institutions. The bonding services allow y0o to
maintain some control over your circumstances and
the information regarding the charges pending
against you. Bond agents work in your corner to gain
you release as soon as possible. Although
confidentiality is not guaranteed by the code of
ethics most Bond agents use discretion. The bondsman
should provide complete disclosure of the bond
process and release advice while and attorney is
present if possible. For additional information on
bail bond agent confidentiality, contact a bail
bondsman. Bail bond services offer many convenience
features. Bail bondsmen are familiar with the
procedures to gain your release from jail. They can
use their experience to help you gain a faster
release. A great majority of bond agents are open 24
hours a day, seven days a week, or all hours of jail
operation. This allows you to gain release when a
bail amount is known. Bond agents are able to
complete the paperwork in normally one meeting,
either in their office of at the jail facility. Bail
bondsmen have the ethical obligation to inform you
of any facts that would normally be of interest to
you while applying for a bail bond. They will
explain the disclosure forms so you understand what
you’re signing. Some bail bond agencies can even
help prevent arrest by posting a bail bond for you
in another jurisdiction where you may have a charge
pending against you. Speak with a bail bondsman to
learn more about their convenient service features.
BAIL LICENSES
In many states, the bail bondsman is required to
obtain a license from the state insurance
commission. The minimum age requirement to obtain a
bail bondsman license is 18 years old, In many
instances, twelve hours of pre-licensing class time
are required. This class time covers the legal
aspects of providing bail bonds, including the
rights of the accused and ethical a business
practices. A surety company bond for usually 1
thousand dollars is also required to be filed along
with the state department of insurance application.
Copies of all of the agreements used in business
should also be provided for review by the insurance
commission. Fingerprints are also required to be on
file with the application. Applicant must pass the
department of insurance’s written exam. Most
licenses are issued to individuals and are valid for
one year. License renewal requires an additional fee
and six additional classroom hours. For additional
information on the bail bond licensing process,
contact your state insurance commission.
BAIL AGREEMENTS
Bail agreements constitute a contract between the
indemnitor of the bail and the bondsman. Generally
the agreement includes the following bail
information: the date a bail assigned, the judge
assigning the bail, the charge and court with which
it’s filed, and the names and contact information
for the bond so-signer. The bail amount is also
described in the contract. Upon signing the bond
agreement, the cosigners assume the responsibility
for the charged individual to appear in court and
answer any charge listed. The agreement also states
that if the arrested party fails to make the court
proceedings, the bond agency will pay the bail
amount listed if ordered to do so by the court. In
the event of forfeiture, the agreement allows the
collateral securing the bail bond to be seized by
the bond agency. Frequently the agreement will also
site the legal sections applicable to the agreement.
Signatures by the bond agency and guarantor are
required for the contract to be binding. Additional
information on bail agreements can be obtained from
a bail bondsman.
BAIL CONDITIONS
Bail conditions can vary depending on the type of
bail, the restriction of the court, and the bail
bond agreement. One necessary condition of bail is
the obligation to appear at any and all court
appointment and grails. Bail for release, appeal
procedures, and parole applications can limit your
travel to within a certain area courts may give
permission to travel if you provide detailed
information about your plans to the court officer.
Bondsmen also have the right to impose restrictions
on their terms of bail if you have a drug problem
and refuse treatment; a bondsman can make treatment
completion a requirement of the bond. An Agreement
with this condition can send you back to jail if you
fail to complete the treatment. Mandating treatment
in this manner can ensure that you get needed help.
Additional conditions may include continued
employment or meeting scheduled appoints with court
officers. An attorney or bail bondsman can provide
additional information on bail conditions.
SURETY BONDS
Use of surety bond involves a series of contracts
with a bondsman, or bond agent, for the bail amount.
The bondsman interviews the arrested individual and
the guarantor prior to assuring that the accused
will appear in court. This information provides the
bail agent with a reasonable determination of
whether the accused will make the designated court
appearances. Contracts can also contain various
conditions of guaranteeing the release, such as
completing drug treatment, Bonds are usually written
for a premium percentage of the bail’s full amount.
Collateral from the guarantor is then used to secure
the remaining bail amount. The bond agent is liable
to the court for the full bail amount, in the event
of the accused’s failure to appear. This guarantee
is made by using the assets and property of the bail
agent’s insurance, or surety, company. The surety
company is usually licensed for operation by the
insurance commission of the state. For additional
information on surety bonds, consult a bail bondsman
or an attorney.
|
