Dallas Bail Bonds FAQ .pdf
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Dallas Bail Bond FAQ
What is bail?
Bail is a procedure that is applied in the legal system in which a person who has been
incarcerated to be released from custody, until their court date arrives. This permits the
accused to continue with their everyday lives as well as prepare for their day in court. In
order to procure bail, a determined amount of monies or property must be forfeited in order
to obtain a release from jail. Any monies or property must be posted by either the accused
or someone that knows them, on their behalf, in order to guarantee that they will show up in
court for an appearance. It is important to note that bail does not mean that the accused
only appears in court for the initial appearance. He or she must uphold all court
appearances as set forth by the court. The Eighth Amendment of the Constitution of the
United States of America guarantees all of those incarcerated in the USA, the right to
What is a Bail Bond?
A bail bond is used to guarantee an appearance in court throughout their trial. It is a
financial guarantee made by or on behalf of a criminal defendant. If the accused fails to
appear in court for all court dates, a bond forfeiture as well as a warrant for the arrest of the
accused is issued.
How Does Bail Bond Work?
Once a person has been incarcerated, the court system will decide upon the amount of bail.
The amount of bail required is dependent on the severity of the crime. This means, in the
case of minor crimes, the bail amount is set at a lower amount than those that are more
severe in nature. State law ensures that bail is an option for most people who have been
incarcerated. The full bail amount can be paid to the courts from a surety company, if the
defendant does not stand up to their agreement of making all scheduled court appearances.
Licensed bail bond agencies offer these bonds to those who have been incarcerated. Bail
bond agencies charge a percentage of the bail amount as their service charge. An example
would be if bail were set at $100,000, the service charge from the bail bond agency would
be $10,000 plus the cost of court, and other additional charges that are required by the
state. The premium rate must be filed with the Department of Insurance, and the bail
agency receives the percentage or premium rate it has disclosed to the Department of
Insurance. Once the defendant is released from jail, the premium is not refundable.
What Determines My Bail
The judge or magistrate will determine the amount of bail money that has to be posted in
order to secure a release from jail. There are only two factors that have been set forth by
the laws of the Constitution that the judge or magistrate must adhere to. These two factors
play a role in determining the amount if money that needs to be forfeited. Bail is set to
guarantee the appearance in court of the accused, and should not be set in amount that is
too high in order to punish the defendant. Circumstances as well as evidence at hand helps
in factoring the bail amount. Setting the bail amount too high is wrong and a violation of the
person’s constitutional rights. The judge or magistrate looks at the criminal record of the
defendant as well as the seriousness of the crime. They also weigh in the factor of whether
or not the defendant will appear in court for the hearing.
How Much Does It Cost to Bail a
Person Out of Jail?
The fees that are charged by us, at Big Bubba’s Bail Bonds are determined by the amount
of bail set by the courts. If you need a bail bond quote, contact our office at 940-380-1981 or
Dallas Bail Bond office at 214-748-0000. We would be more than happy to assist you with
any questions you may have regarding the bail process.
When Do I Get My Money Back?
If you have posted the full amount of the bail to the court, it will be returned to you if certain
conditions have been met. These conditions are that you have made it to all your court
appearances and your trial has been completed. If you employed the services of a bond
agency to post your bond, the money required by the courts is paid by the bond agency. For
that service, the bond agency will require a percentage fee of the bond amount. Once the
defendant has been released from custody, these monies are earned and therefore, nonrefundable. These charges are valid and non-refundable even if the defendant is innocent of
How Long Does It Take to Get
Out of Custody?
Once payment has been received by our bonding company, the paperwork is processed
and the bond is posted within 15-20 minutes. After we have completed the process, it
depends on how busy it is at the jail where the person is incarcerated. In the case of Denton
County Jail, the time it takes for a person to be released from custody averages between 12 hours. Inmates are usually released quicker at the municipal jails because they are much
smaller and have a smaller amount of people incarcerated.
Who is an Indemnitor?
A person who is willing to be responsible for the defendant while they are out on bail is
called the guarantor or indemnitor. They co-assume the financial liability of the bond amount
in full. Smaller bonds often do not need an indemnitor. However, higher risk bonds often
include an indemnitor for additional assurance that the bail bond will be met.
When Does Forfeiture Take
A forfeiture of the bail bond occurs when a defendant misses a court date. When this
occurs, the amount of money that was posted as bail is turned over to the court. After this
takes place, a capiases warrant or bench warrant as it is also known as is issued for their
arrest. When this happens, the court sets a period in which the defendant must be returned
to custody. There is also a possibility of the bail bond being reinstated.
What is a Bail Bond
A defendant who has missed a court date has been issued a bench warrant. This is
because they did not appear to approach the bench (or present himself/herself to the judge.
When this occurs the bail bond has been forfeited and if this should occur, a defendant can
hire the services of an attorney. The attorney will use legal means to have the bench
warrant removed and, quite possibly, the bail bond reactivated with the court. This action
can also warrant additional charges or fees to be paid by the defendant or indemnitor(s) to
the attorney for representing the defendant in court.
How Does the Criminal
Some people might be unsure of just how the legal system works in regards to criminal
proceedings. It may seem confusing and complicated to a person charged with a crime,
especially if it was a first instance of a charge. There are some excellent resources in which
a person can learn the procedures used in cases where you are the defendant.