You’ve been arrested and you looking to post bond, how does this process work? A bail bond is a written surety required by the court, signed by the defendant and issued by an insurance company, promising to appear in a court at a scheduled time and place. The amount is set by the court. Usually the amount is higher than the liquid assets of the defendant and he must seek the services of a bail bondsman. The bondsman will charge about 10 to 15% depending on the charge and bail set by the courts. This is non-refundable and is the compensation to the bondsman for services rendered. The bondsman as an agent of an insurance company then issues a bond originating from the said insurance company. When the defendant signs the bond document there is a clause where he waives his constitutional rights, and thus the right to extradition proceedings.

Missing Court Date when Out on Bail

For collateral to cover the full bail amount the bondsman can place lien on personal or real property to cover the bond, which is a loan of sorts. Most courts may tolerate a non-appearance once; then notify the bondsman or attorney of record to reschedule the defendant’s appearance in court. If the second scheduled appearance is missed the court revokes the bond and issues a warrant of arrest. The police generally do not persecute an investigation into the bail skip. If arrested they extradite or incarcerate, but usually only incident to arrest or investigate. Manpower is at a premium for most law enforcement agencies, and unless it is an escapee, murder or rape suspect most police departments don’t actively pursue a bail skip.

Bounty Hunters Will Find You if You Skip Bail

The bondsman who is out the 90% of the bond, and if the bond is high value enough will engage the services of a bail enforcement agent or more commonly known as a ‘bounty hunter’ to track down the perpetrator and bring him into custody. The bail enforcement agent collects about 10% of the bond for his efforts, usually at a cost of 80 to 100-hour work weeks. The suspect is then incarcerated until his appearance in court, bondsman recoups the bond amount and possibly contempt or other charges may ensue for ‘skipping’ bail at the prerogative of the court.

Can a Bounty Hunter Go Out of State?

The bondsman performs a public service by providing a means and mechanism for the courts and detention facilities to alleviate overcrowding, a persistent and prevalent concern of many of today’s criminal justice and detention facilities. Having a vested financial interest in assuring the presence of the accused, the bondsman provides a means to assure appearance and in the case of a bail skip and re-incarceration of the perpetrator if he doesn’t show. Bounty hunters can cross jurisdictional lines, where the originating jurisdiction would have to initiate extradition proceedings. Signing away his or her rights at the time of bail issuance the enforcement agent can transport across state lines.

Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada

Some people, particularly those causing disturbances or displaying violent behavior are under the influence of alcohol or drugs, and though voluntary intoxication is no defense they really don’t require incarceration after the drug is metabolized and they calm down. Fraud and paper offenders don’t represent a physical threat to the community and these types of charges are readily and usually addressed by the services of a bail bondsman. While you are out on bail, call Kajioka & Associates Attorneys At Law to help prepare your defense and represent you in your court hearings.