12/23/2012
IN RESPONSE TO THE QUESTION WHAT IS A BAIL BOND AND HOW IT WORKS
BAIL BOND 101
WHEN A PERSON GETS ARRESTED AND THE JUDGE ISSUES BAIL HE DOES IT IN TWO FORMS A CASH BAIL OR A BAIL BOND
IN ORDER TO OBTAIN A BAIL BOND YOU MUST FIND A BAIL BOND AGENT WHO IS LICENSED BY THE DEPARTMENT OF FINANCIAL SERVICE
DEPENDING ON THE AMOUNT OF THE BOND A PREMIUM MUST BE PAID THE AMOUNT IS REGULATED BY DEPARTMENT OF FINANCIAL SERVICE. YOU WILL ALSO NEED COLLATERAL (EVERY AGENT IS DIFFERENT WITH THE COLLATERAL) IN THE FORM OF CASH OR PROPERTY TO SECURE THE BOND
TO USE A BAIL BOND AGENT TO POST THE BOND YOU MUST ENTER INTO A CONTRACT WITH THE AGENT. IN THE CONTRACT ARE THE STIPULATIONS AND CONDITION OF THE TERMS. (MAKE SURE YOU READ THE CONTRACT BEFORE SIGNING) THE CONTRACT FOR MOST AGENT ARE THE SAME. THE INDEMNITOR TAKE ON THE LIABILITY AND PROMISES TO PAY ANY AND ALL FEES UPON A BREACH OF CONTRACT. THE CONTRACT CLEARLY STATES THE TERMS THAT THE DEFENDANT MUST FOLLOW
EXAMPLE:
1) DEF. MUST CHECK IN WITH IN 24HR OF Release
2) DEF. MUST CHECK IN ONCE A WEEK
3)DEF. MUST NOT LEAVE THE STATE OF NY
4)DEF. AND ALL PARTIES MUST KEEP ALL INFO UPDATED AT ALL TIMES
5) DEF. MUST CHECK IN AFTER COURT DATES
6) DEF. MUST GO TO EVERY COURT DATE ON TIME
ANY AND ALL THE EXAMPLE STATED ABOVE WHEN NOT FOLLOWED IS A BREACH OF CONTRACT. AT WHICH TIME THE BAIL BOND AGENT HAS THE RIGHT BY LAW (PL 530.80) TO PUT THE DEF BACK IN JAIL WITH OUT NOTICE TO ANYONE
UNDER THE PENAL LAW 530.80
1) AT ANY TIME BEFORE THE FORFEITURE OF A BAIL BOND, AN OBLIGOR (BAIL BOND AGENT) MY SURRENDER THE DEFENDANT IN HIS EXONERATION, OR THE DEFENDANT MAY SURRENDER HIMSELF TO THE COURT IN WHICH HIS CASE IS PENDING OR TO THE SHERIFF TO WHOSE CUSTODY HE WAS COMMITTED AT THE TIME OF GIVING BAIL
2) FOR THE PURPOSE OF SURRENDERING THE DEFENDANT, AN OBLIGOR OR THE PERSON WHO POSTED CASH BAIL FOR THE DEFENDANT MY TAKE HIM INTO CUSTODY AT ANY PLACE WITHIN THE STATE, OR HE MAY, BY A WRITTEN AUTHORITY INDORSED ON A CERTIFIED COPY OF THE BAIL BOND, EMPOWER ANY PERSON OVER TWENTY YEARS OF AGE TO DO SO.
FOR THE MOST PART THE BAIL BOND AGENT USES A RECOVERY AGENT WHO IS A PRIVET INVESTIGATOR , THEY ARE INDEPENDENT INVESTIGATIVE AGENTS AND CHARGE ANY WHERE FROM 10% OF THE BOND AMOUNT OR CHARGE BY THE HOUR WHICH IS ONE OF THE FEES THAT THE INDEMNITOR IS LIABLE FOR AND DEDUCTED FORM THE CASH COLLATERAL BEING HELD BY THE BAIL AGENT
IN MOST CASE THE DEF. FOLLOWS THE BAIL BOND TERM AND CONDITION ONCE THE CASE IS OVER THE INDEMNITOR HAS TO BRING THE BAIL AGENT A FORM FROM THE COURT STATING THE CASE IS OVER AND THE BOND EXONERATED SEALED BY THE COURT SO THAT THE COLLATERAL (CASH) CAN BE RETURNED OR THE LIEN WITHDRAWN FROM THE PROPERTY
IN THE EVENT OF A BAIL FORFEITURE THE BAIL BOND AGENT MUST PAY THE DISTRICT ATTORNEYS OFFICES THE AMOUNT OF THE BAIL BOND AND THEN COLLECTS FROM THE INDEMNITOR WHO HOLD THE LIABILITY
IT DOES NOT MATTER WHO YOU USE AS A BAIL AGENT ALWAYS KNOW THAT IF THE TERMS AND CONDITIONS ARE NOT FOLLOWED THE DEF. WILL BE PICKED UP AND PUT BACK IN JAIL!!!!
YES IT'S SAD WHEN YOUR LOVE ONE IS PUT BACK IN JAIL FOR A LACK OF RESPONSIBILITY IN NOT FOLLOWING THE TERMS AND CONDITION OF THE BAIL BOND. BUT THAT'S NO ONES FAULT BUT THEIR OWN. IT'S EVEN WORSE WHEN YOU RE BAIL THEM OUT AND IT HAPPENS AGAIN FOR THE SAME REASON. BACK TO JAIL HE GOES
