How does bail work?

This process involves a contractual undertaking presented to the court and guaranteed by a bail agent and the individual(s) paying for bail (Indemnitors). The bail bond agency guarantees the court that the defendant will appear in court each and every time the Judge requires them to do so.

The bail bond agency promises the court the defendant will appear as required or the bail bond agency will pursue the fugitive absconder and bring him/her back to jail voluntarily or involuntarily without delay. The Indemnitor(s) are also financially responsible if the defendant should fail to appear in court. In turn, the Indemnitor(s) make a contractual deal with the bail bond agency that they will assure the defendant complies with the bail regulations. This includes going to every court date on time, and they are responsible for advising or reminding the defendant to comply with dates, times and other requirements set forth by the court and the bail bond agency.

If the defendant and/or the Indemnitor(s) on a particular bail bond fail to fulfill their obligations of the bond, it may result in serious financial ramifications if a court declares a forfeiture. back to top

How much does a bail bond cost?

For this service, the defendant is charged a percentage of the bail amount. Bail bond premiums begin at 10% of the total bail bond amount plus expenses. Federal bonds are 20%. Bail premiums are mandated by law in each state and are not negotiable.

Before being released the defendant, a relative, or friend of the defendant, typically would contact a bail agent to arrange for the posting of a bail bond. Prior to the posting of the bond, the defendant or a co-signer, aka indemnitor(s), agree that if the defendant does not appear in court or adhere to the bail bond contract, the Indemnitor(s) must guarantee that they will pay the full amount of bail bond and any and all out of pocket expenses. back to top

What is collateral and when is it required?

Arizona is a collateral state, the bail agent will require some form of collateral in order to write the bond. Collateral is something of value that the bail bond agency is given or assigned in order to cover the full bail amount in the event that the defendant does not go to court or follow through with the disposition of the court and the bail is forfeited (when the bail bond is ordered to be paid to the court). Collateral can be in the form of real estate, a vehicle, cash, jewelry or anything else of value. Often, the collateral must have the ability to be converted to cash within a reasonable period of time. In addition, the amount of collateral will generally be required to be 1.5 to 2 times the amount of the bail bond. back to top

What information should I have before I contact the bail agent?

1. Where is the person in custody? Make sure that you ask the person in custody where they are located (city, state and name of jail).
2. What is the full name and booking number of the person in jail? The bail agent will need this information in order to contact the jail. The bail agent can get the booking number for you if you don't have that information.
3. How much is the bail? The bail agent will get this information when they contact the jail if you do not have it. With the bail amount the agent can tell you the amount it will cost to post a bond and get the person out of jail.

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What will I need in order to secure a bail bond?

In addition to the required bail bond premium, an Indemnitor will need proper identification, a pay-stub or other verification of employment, and will be required to supply the bail bond agent with personal information, such as; social security number, birth date, drivers license number, address, phone numbers, employer, employer's address and phone, supervisor's name and phone, whether you own or rent your residence, plus any other pertinent information deemed necessary by the bail agent in determining whether you qualify as an Indemnitor. back to top

How long before the defendant is released?

After all of the paperwork is completed, the bail agent will present the bail bond to the jail or court. The amount of time the jail or court processes the bail bond varies with the workloads at the jail or court, the size of the jail or court, and many other factors outside the control of the bail bond agency. Once the bail bond is presented to the jail or court, the bail bond agent will contact the Indemnitor(s) to advise the timeline for the defendant's release. If the release is within a reasonably short period of time, the bail bond agent may be in a position to provide a free ride home to the defendant. Otherwise, a ride will need to be arranged by the Defendant or Indemnitor(s). back to top

Is there a refund of the premium if the case is dismissed or the defendant is found Not Guilty?

Once the defendant is released from jail via a bail bond Agreement, the full premium is earned. back to top

How long is the bail process?

The paperwork takes approximately 20-45 minutes, depending on the complexity of the transaction. The release time can be one hour or less for local police stations and 6-12 hours in a county jail. Please remember that these times are not guaranteed but general time frames. back to top

Can I leave the state or country while I am out on bond?

You will have to get permission from the bonding office in writing before attempting to do so. If the court has given you direct instructions not to leave the state or country you must then get permission from the bondsmen and the court before leaving. Otherwise you are subject to arrest! back to top

What happens if the defendant misses their court date?

When the defendant misses a court appearance, a bench warrant is issued for the person's arrest. The defendant's name is then entered into a nation wide data base (NCIC) as a fugitive. The defendant's bail agency is obligated by law to arrest the individual as well. This will cause the indemnitor to incur further costs. back to top

What happens if the case goes more than a year?

If the case goes over a year, the bond still remains in place. On the rare occasion of a bond being rewritten, a new premium would have to be paid. back to top

At what point is the co-signer no longer liable for the bond?

The co-signer is no longer liable for the defendant's bond when he/she completes all of their court appearences and all fees have been paid. It is the defendant's/indemnitor's reponsibility to contact the agent when the bond is exonerated by the court and provide proof of exoneration. This allows the fast return of any collateral pledged and also confirms that the bond is exonerated. In the event of forfeiture, the indemnitor is liable until the full amount of the bail has been paid, plus any expenses incurred or until the court exonerates the bond, which then becomes void. back to top