What is a Bail Bond?
A monetary guarantee filed with the court whereby a defendant is temporarily placed in the custody of the posting Bail Agency. Further, the bail agency promises the court the defendant will appear each and every time they are ordered to do so while their case is pending.
Is a defendant released on bail really in the custody of the posting Bail Agency?
Yes, when a Bail Agency post a Bail Bond with the Jail or Court, the Bail Agency is taking responsibility for the defendant to appear at all future court dates. For example, if a defendant does not follow the terms and conditions of the Bail Agency, then he/she risk being returned to jail! Apollo Bail Bonds provides the comforts 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.
How much does bail really cost?
10% of the bond is the standard premium. However, Union Members, Members of the Military, and Veterans may qualify to be released on bail for 8%!
How come some agencies state 0% down?
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. If your financial situation requires a 0% program then be sure to make the monthly payments on time to cover the bail premium (not bail amount) owed to the bail agency or you may incur additional collections and legal fees. At Apollo Bail Bonds, we have custom programs for little money down to start. If you don’t understand, please call us and we’ll assist you and answer your questions.
Do I need collateral?
Every case is different. However, we enjoy bringing families together and with high bail amounts collateral is necessary. If you have questions, don’t be afraid to call and ask!
What can I put up for collateral?
Anything of resale value! However, if you’re a homeowner then a signature may be all that’s needed or a lien will be placed on your home based on the bond amount and the required equity (Market Value vs. what’s owed on the home).
How do I determine equity for a home?
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!
What if the person I bail out does not appear?
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. However, we will be happy to assist you in either reinstating the bail with the court or surrendering the defendant back to custody.
What if the person I bail out gets re-arrested in a different county or state?
Call us immediately so we can make sure you are protected. Communication is very important.
What if the person I bail out refuses to go to court? What will it cost?
Call us immediately and we’ll make arrangements for him or her to be safely returned to jail. The cost of returning a defendant to jail depends where the defendant is located. For example, if the defendant is cooperative then the cost is as low as $350 to $500. However, if the defendant refuses to cooperate then it will cost an additional 10% of the Bond ($5,000 for a $50,000 bond) or 20% of the bond amount if out of state ($10,000 for a $50,000 bond) plus costs incurred by our fugitive recovery agents. If you have doubts about the person you are helping then don’t sign for a bond! You’re better off taking a nice vacation or donating to the Red Cross!
Are there any additional legal fees?
In the event of a forfieture (when the defendant failed or refused to appear in court as required) there will be court costs. The worst being a Summary Judgement where the defendant cannot be located and you have to pay the entire bond amount. If the defendant failed to appear due to a valid excuse, then the bond can be reinstated. Court fees vary from $75 and up. If a motion has to be filed to vacate the forfieture then you will be liable to pay for all legal fees.
Do I need collateral?
Every case is different. However, we enjoy bringing families together and with high bail amounts collateral is necessary. If you have questions, don’t be afraid to call and ask!
Once the bond has been posted at the jail, how long until the defendant will be released?
Release times vary from City Police Departments, Jail facilities, and County Detention Centers. For example, a small police department may release a defendant within 10 minutes to hour. A County Detention Center may take up to 6 to 8 hrs. LA County Jail may take as long as 12-24 hrs. Most of the time LA County Jail releases defendants within 6 to 8 hrs.
Should I get an attorney to request a bail reduction?
If a case has been filed at the court by the District Attorney’s office and the bail amount is high, then you may want to seek the advice of an attorney regarding possible bail reduction. However, a bail reduction hearing cannot occur until there is an official case filed by the District Attorney.
When a defendant is booked into Jail and held on new charges, the district attorney has 48 hours to file an official complaint (except for weekends) or else the defendant must be released. This does not mean a case will not be filed at a later time.
For example, if a defendant is arrested on a Wednesday, then the District Attorney has until Friday to file a case and officially charge the defendant in a court of law. If a defendant is arrested on a Thursday then he/she could be held until Monday or Tuesday.
Please remember this does not mean a case will not be filed upon release by bail bond or according to the 48 hour rule. Once a case has been filed by the D.A., the bail could remain, be lowered, or be increased. It’s a 50% the District Attorney will file or not file a complaint. Once the defendant goes to court he/she could be released without posting a bond. Bail Reduction is not so simple as some attorneys claim.
The Jailor cannot reduce the bail without a court order signed by a judge. The bottom line is if a defendant is arrested on a Wednesday and does not have a court case number by Thursday, then Bail Reduction by Friday is very unlikely because the defendant will either be released under the 48 hour rule or the DA will file a case on Friday and the Defendant will have to wait for a the arraignment the following week for possible bail reduction or have someone post bail for him/her to be released from custody.
If the District Attorney files a case on Thursday, then an Attorney can request a Bail Reduction at the arraignment, which would be the following day (Friday). Bail Reduction is possible by Friday if a case has been filed by Thursday. There are no guarantees the court will grant reductions, but if the defendant has no priors then the court may grant a request. Remember justice is blind!
What if a person has a Warrant?
In most case we can clear warrants with the court and set a new court date. Unfortunately, the counties of Los Angeles County, Orange County, and San Bernardino require defendants to be booked by the Sheriff for warrants to be withdrawn. Each case is different, call and ask for assistance.
How long will it take for a defendant to be released from jail?
Most metropolitan jails located in Los Angeles County, Orange County, Riverside County, and San Bernardino County may have delayed released times from 6 to 12 hours. However, if a defendant is being held at a police station, then he/she could be released within 1 hour.
The booking process at large Detention Centers take a few hours.
All persons arrested and brought to a police station or detention center are “booked” into a local database. The purpose of the booking process is to establish the true identity of the defendant, find if the person is wanted elsewhere in the state or nation, document a “history” of the arrest (in the local and the FBI’s national database), and to determine whether or not the person can be released on his/her own recognizance or on cash bail.
The defendant cannot be released until the Department of Justice identifies the individual in custody. Don’t allow a bail agent to tell you anything different.
Do some Bail Bond Companies give misleading information?
There have been some incidents with clients being given misleading facts on release times and bonds not being processed quickly from a well known bail bond agency.
The unnamed bail bond company has been investigated repeatedly by the California Department of Insurance. Remember when meeting with a bail agent to ask to see their California bail agent license.
There are some large Bail Bond Companies who use non-licensed employees to collect money and information from your family inorder to remove the bond off the market, but not service customers quickly as promised.
It is illegal for non-licensed agents to negotiate bail.
Can a Bail Bond Company refer an attorney?
It is against the law for a bail bond company to refer an attorney.
What happens if a person is released on Bail, but the case is dismissed? Do I still owe the premium?
Yes, if you hired a bail company to post bail for a defendant. Commission is earned once the defendant is released on a Bail Bond. Further, Bail Bond Companies cannot determine if the District Attorney is going to file a case or not. Apollo Bail Bonds will verify with the Police Department or Jail if the defendant is going to be released without needing a bond.
Why should I use Apollo Bail Bonds?
We handle all the above situations in a professional manner. We will try to assist you and answer your questions when needing a bail bond. If we cannot help you, then we’ll point you in the right direction. We enjoy bringing families together!