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A bail bond is either a Surety or Property bond posted with the Court to insure a persons appearance with that Court. Failure of the defendant to comply with the conditions of the court could result in warrants issued and bail bonds forfeited.

Most jails accept bail bonds 24 hours a day, 7 days a week, 365 of the year.

A bail bond indemnitor is the co-signer for the bail bond. The indemnitor is responsible for seeing that all premiums are paid for a defendant’s bail bond.

The indemnitor is also responsible for additional expenses incurred by the bail agent in the transaction of a bail bond, such as long distance calls, travel, etc.

An indemnitor is no longer liable for the defendent`s bond when the defendant has completed all required court appearances, and when all premiums have been paid. It is best to contact the bail agent when the bond is exonerated by the court, for the expedient return of any collateral pledged and to confirm that the bond is exonerated.

In the event of forfeiture, the indemnitor continues to be liable until the full amount of the bail has been paid, plus any expenses incurred, or until the court exonerates the bond. The bond then becomes void.

Financially speaking, a Bail Bond is basically the same as a loan that you would apply for at a bank or any financial institute and the same criteria would apply.

Some of the questions you may be asked could be:

• How much is the bond?
• What are the charges?
• Are you the guarantor or indemnitor?
• How long at residence?
• How long on your job?
• Can the bond be paid in full if the individual should run from the law to avoid prosecution?
• Does the guarantor or indemnitor have good credit and own assets that can be considered available for liquidation if the individual should disappear?
• What is the integrity of the individual that has been charged with a crime?
• Do they have any prior arrests?
• If so for what?
• Do they have a job, family, etc?
• Are they an American citizen?
• Do they have a passport?

Remember your bond qualification criteria usually depends on the nature of the alleged crime and the amount of the bond required by the court.

A bail bond cannot be used to pay fines, court fees or restitution. When a bond is posted to the Court it is only to guarantee an individual's appearance.

When cash or cash bail is posted, the Court can use these funds for fines, court fees or restitution.

When someone co-signs for a defendant, they are responsible for the defendant appearing for all Court dates pertaining to the case in which the bond was posted for. The bond is in effect through sentencing or dismissal.

Statutes provide for exoneration of the surety when the underlying criminal charge is dismissed.

However, there is usually a time period within which the prosecuting agency may seek to rearrest and charge with a public offense arising out of the same act or omission upon which the action or proceeding was based. You will not receive any money back from the bail bond company.

Your collateral must be placed in safekeeping or in a trust account under a fiduciary trust. If the Bail Bond Agency is not putting your collateral in safekeeping or in a trust account they are in violation of the law.

Once written notification from the court has been received stating that the case is over and the bond is exonerated a Bail Bond Agency has 30 days to return collateral or request for reconveyance on recorded deeds of trust.

You have signed a binding contract if in the event the individual forfeits the bond for non-appearance then the full face value of the bond is your financial responsibility and is due on demand. You are financially responsible for all costs relating to this bond.

After a defendant has been released, the court in which the charge is pending may require him to give additional bail in an amount specified or to meet an additional condition upon a finding made in open court that the defendant has failed to appear; or that additional facts have been presented that were not shown at the time of the original release order, and the court may order him to commitment unless he or she gives such bail or meets such other conditions.

Any money you pay the bonding company (called the premium) is a non-refundable fee earned by the bondsman when the defendant is released from custody. It is not returned.

A bail bond is good for one year. If the case goes beyond the one year, the premium must be paid again in order to keep the bail bond current.

The Bail Bond Agency has the authority to obtain an arrest warrant and the individual will be once again taken into custody and surrendered for violation and default of the contraction agreement of bond.

• Thrown back in jail before 1st court date for non-compliance.
• Threatend by loan sharks.
• Muscled by thugs hired to scare you.
• Civil action taken against you for balance of bond premium.

Serbus Bonds is a founding member of the Minnesota Professional Bail Association and committed to follow the Code of Ethics required of all MNPBA members. If you have questions, ask them. We either know the answer or will quickly find it for you.