What is bail?
Bail refers to the cash or bond provided to guarantee the defendant’s appearance in court in return for the defendant’s release until the court date or dates. By posting bail, bail bondsmen ensure a defendant’s constitutional right to remain free from custody pending trial.
What is collateral?
Collateral must cover the amount of bail, as it backs the defendant’s promise to show up in court. Some examples of collateral include vehicles, property, jewelry, stocks, bank accounts and certain other assets.
When does a bail bond forfeiture take place?
Bail bond forfeiture results when a court appearance is missed. If a defendant misses a court date, a bench warrant is issued for their arrest. The court also sets a deadline for when either the defendant must be located/returned to custody or the bail bond "reinstated" or the bail amount must be paid to the court.
When do I get my money back?
If you posted the full bail amount with the court yourself, this money will be released to you at the conclusion of the court process, provided the defendant appeared at all required court dates.
If you elected to use a bail agency to post your bond, the agency is initially responsible to the court for the bond amount. The defendant and indemnitors are responsible to the bail agency for the premium and any fees or additional expenses incurred by the agency on their behalf. These monies are earned at the time the defendant is released from custody and therefore not subject to return. This is the case even if the defendant is found innocent, the case is dismissed or the defendant is placed back into custody for another offense.
What is summary judgement?
A summary judgment is issued by the court following a bond forfeiture. This is a judgment against the surety for payment of the bond amount. The summary judgment is issued because the deadline for reinstating the bond or returning the defendant to custody has passed.
What is a bail bond reinstatement?
This is a process by which a defendant who has experienced a bail bond forfeiture can have their bench warrant removed and the bail bond re-activated or "reinstated" with the court. This is a legal proceeding that usually requires action by an attorney and could result in fees being paid by the bail bond agency. These fees are, in turn, passed along to the defendant/indemnitors. Due to the time it takes for the courts to process these fees, the billing for this process can take several months to complete.
What if the defendant I bail out doesn't show up to court?
In this case, the court will issue an arrest warrant, and the co-signer (usually a family member or friend who arranges for bail) will become responsible for the bail’s full amount.
Do I get my money back after the defendant goes to court?
The defendant must make the required court appearance(s) and the case must be decided. Then the collateral gets released and the bond gets exonerated (released from obligation) based on the court appearance and decision. You do not get back the money paid to a bondsman, as this amount is the bondsman’s compensation for getting the defendant out of jail before the court appearance(s).
What are the types of bail bonds?
The main types include:
A surety bond: A contract with a bail agent for the bail amount. A surety (insurance) company underwrites the bond in exchange for payment of a premium percentage of the bail’s full amount. Some form of collateral secures the remaining bond amount.
A cash bond: The full amount of bail posted by the defendant in cash.
A federal bond: A bond for cases that deal with federal offenses (like interstate crimes).
An immigration bond: A bond set for someone held by the U.S. Immigration and Naturalization Service (such as an immigration violation).
How does a bail bond work?
The court system will set the amount of bail required for the defendant's release. Under state law, a surety company can provide a type of insurance policy or "bond" that guarantees payment of the full bail amount to the court if the defendant does not show up for all scheduled appearances. These bonds are offered by licensed bail bond agencies. For supplying these bonds, bail agencies charge a premium - a percentage of the total bond amount, typically 10%. By way of example, for a bond amount set at $50,000, the premium would be about $5,000 plus any additional fees required by the state. The bail agency must charge the premium rate it has filed with the Department of Insurance and the premium is not refundable once the defendant is released.
How do I make payments?
In an effort to make your experience with Cusetown Bail Bonds as easy as possible, we offer several different ways to make payments.
You may always walk your payments into our office located at the address below.
1.Every month you will receive an updated statement showing your current balance and any recent payments. Included with that statement is a pre-addressed postage paid remittance envelope for your use. Just place your payment (sorry - no cash, please) in this envelope and drop it in any convenient mailbox. Your payment comes directly to our office and will be processed within five business days.
If you did not get your statement but would still like to make a payment, please send your check or money order to the following address:
Cusetown Bail Bonds
The Jefferson Bldg
204 Jefferson Ave
Syracuse, NY 13202
2.We accept personal checks, money orders and most major credit and debit cards.
3.Payments can also be taken over the phone at no additional charge to you.
4.We can also set up monthly automatic re-occurring payment via your credit or debit cards.
and talk to a professional for FREE for confidential bail information.
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Visit Our Office
- The Jefferson Bldg
- 204 E. Jefferson St.
- Syracuse, NY 13202