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McWilliams Ashley posted an update 6 years, 4 months ago
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As part of this procedure the bail bond agent may employ bounty hunters, also called bail enforcement agents, to monitor and apprehend the suspect.
Bail Forfeiture In situations in which a suspect is released from custody on bail but afterwards fails to appear in court as required or fails to comply with any of those conditions the court imposed when granting bail the bail amount has been sacrificed.
In the same way, if someone pays bail on your behalf, the payer forfeits should you miss court. When a property bond is concerned along with the defendant fails to appear, the court could repossess or foreclose on the secured property. As an instance, if your dad uses his house as the collateral in a secured property bond and you fail to appear, the court can foreclose on the house and sell it at auction to recoup the bail amount.
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This repayment or release of bail depends upon both the sort of bail utilized along with the jurisdiction where the bail is paid. By way of example, someone paying cash bond in Suffolk County, New York, normally has her or his bond payment discharged within two to six months from the conclusion of the instance.
Bail bond agents, also known as bondsmen, are people who are in the business of paying bail on behalf of criminal defendants.
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On the other hand, the bond brokers commission (the 10 percent to 1 5% of the entire bail amount) isn’t returned no matter the outcome. Bond Forfeiture and Bounty Hunters Should a defendant who employed a bail agents services don’t appear in court or otherwise violate bail terms, the agent can usually try to find the defendant, consider that person into custody, and take the defendant back to police custody.
They do not have general arrest powers, but might arrest a defendant who used the bail bond agents providers. That is because within the contract defendants sign together with the bail bond broker, defendants typically agree to permit the bond broker, or bounty hunters working for the agent, to enter their home, detain them, or take different actions that would normally be prohibited without the defendants approval.
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Typically, that fee is 10% to 1 5% of the amount of bail. Therefore, if a court places a defendants bail at $10,000, this suspect (or someone acting on the defendants behalf) will pay a bail bond broker $1,000 and the bond broker will function as a surety about the defendants behalf.
For example, a bond agent may require the defendant to physically give the bail agent parts of jewelry which the bond agent can sell to recover the entire bond amount if the defendant fails to appear in court.
A defendant can request a court to reinstate bail (or not to forfeit bail) if the defendant could show that there have been good reasons like experiencing a health emergency why he or she missed court. Obtaining Licensed Cash Back From the Bail Bond Agent If a defendant uses a bail bond agent to place bail, the defendant should cover the bondsmans fee, and might also have to hand over security or signal a security arrangement.
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Obtaining Licensed Money Back From the Court Because bail isn’t a form of punishment or a criminal sentence, or someone who pays bail is eligible to get that cash returned if the defendant complies with all bail terms and conditions. Normally, there are two potential results whenever someone pays bond: that the bail is discharged to the plaintiff, or the bond is forfeited.
The lien discharge, such as the launch of the bail payment, normally takes a few weeks or more to conclude. In different authorities, such as federal courts, the court doesn’t automatically release bail upon conclusion of the criminal case. In these jurisdictions, the bond payer must file a record (called a request ) with the court, asking it to discharge the cash paid; or, in the case of a home or secured bail, to release the lien put on the property used as collateral.
Last Word Like all parts of the criminal justice program, bail can be more complex than many folks imagine it to be. Bail can involve a whole lot of cash and serious fiscal risks, even in the best of circumstances and that isnt even taking under account the possible consequences that have a criminal case.