Frequently Asked Questions About Bail:
Who is a Defendant?
A Defendant is a person charged with a crime.
What is the Purpose of a Bail Bond?
Bail is a constitutional right afforded to Americans. It’s an amount of money set by a judge to be paid by a defendant that allows a defendant to be temporarily released from custody so that they can prepare for their day in court. Bail is meant to be a type of insurance provided to the courts to insure that the defendant appears in court.
Why Use A Bail Bondsman?
A bail bondsman makes paying the bail bond more affordable since you do not have to pay the entire bond amount in order to get your loved one released from jail. Bail Bondsmen also understand all of the laws applicable to bail bonding. If a defendant fails to appear for court, the bondsman knows all of the proper steps to return the defendant back to court.
Who is an Indemnitor or Cosigner?
An Indemnitor or Cosigner is a person who agrees to be financially responsible for the full amount of the bail bond in the event the defendant fails to make a court appearance and cannot be returned to court. An Indemnitor is responsible for paying any bail bond costs incurred as a result of the defendant missing a court date. If there is more than one Indemnitor on a bail bond, they are jointly and severally liable. This means that the money could be collected from one or both.
What are the Indemnitor’s Responsibilities?
As an indemnitor, you are responsible for ensuring that the defendant shows up
for their scheduled court dates until their case is completed. If the defendant does not show up, you will be responsible for any fees incurred in returning the defendant to court. You may ultimately be responsible for the whole amount of the bail bond if the defendant cannot be returned to court. You are not signing as to the innocence or guilt of the person.
What do I Need to Bail Someone out of Jail?
To bail someone out of jail, you will need the bail premium (a percentage of the bail amount to be paid to the bail bondsman); a qualified cosigner/indemnitor (the person who is financially responsible for the bail bond); and possibly some form of collateral. If you do not have the entire premium, we have affordable payment plans.
What is Collateral?
Collateral is money, property, etc. that you deposit with the bail bond company to be held until the case is completed. In many situations, we will not require collateral.
Factors that May Determine if Collateral will be Required:
- Defendant’s past arrest history.
- Whether or not Defendant is local.
- If Indemnitor is employed.
- How the Indemnitor is related to the Defendant.
- How long the Indemnitor and Defendant have they known each other.
Do I Get My Money Back?
The premium you pay is non-refundable. This is the fee charged by the bail bond company to post the full amount of bail with the jail or court to obtain the release of your loved one. If you are required to use any collateral (cash or property), it will be returned to you upon completion of the case.
If Defendant Misses Court, Does the Indemnitor/Cosigner Pay the Whole Bond?
The Indemnitor/Cosigner is liable for the full amount of the bond if the Defendant does not appear in court as ordered. However, a failure to appear in court does not always mean you will have to pay the full amount of the bond. If you notify us of the forfeiture and make arrangements to return the defendant to the court, you will only be liable for the actual expenses incurred.
Can I Come off the Bond at any Time?
If after posting bail, if you feel that the Defendant will not appear in court, you can call us and we will take you through the process of coming off the bond. You will not be responsible for the full amount of the bond, but you will be liable for expenses incurred by our company to return the Defendant.
If Defendant is Found Guilty, Does Cosigner Pay the Whole Bond?
No, you are only signing to guarantee that you will pay the premium and that the Defendant will make all of their court appearances.
When is the Bail Bond Released?
The court usually exonerates or releases the bail bond when one of four things
- The charges are dropped
- The case is dismissed
- The Defendant has been sentenced.
- The Defendant has been returned to custody.
- What are My Rights During the Bail Process?
- Your undeniable rights during the process include the following:
- The right to know the charges brought against you.
- The right to be presumed innocent.
- It is prohibited to detain you without filing a specific charge.
- The right to reasonable bail.
Am I Financially Liable for my Bail Bond?
The person signing the paperwork, or the Indemnitor, is the one financially liable if you fail to appear in court.
How is the Amount for my Bail Determined?
Usually, a magistrate or judge determines the bail the Defendant has to pay. This is determined on a case by case basis. The judge takes the rate schedule of your location, the severity of the crime, your prior criminal record, flight risk, and other important factors into consideration.
How are the best ways to find an inmate in Hidalgo County Jail?
The best way to find an inmate is to either call an Anzaldua bail bondsman or you can visit http://www.JailGuide.com
Each bail bond has different circumstances. Our Agents are available 24 hours a day; 7 days a week. Please call to find out about your bail bond: 956-383-4646.