Frequently Asked Questions
And The Most Common Answers
Get answers to the most commonly asked bail bonds questions. Find what you are looking for here.
What Happens To The Person Who Just Got Arrested?
This question is frequently asked by those who are for the first time faced with helping a person get out of jail. First, the arrestee is taken to a holding facility and the person is ‘booked in’. This booking process involves fingerprinting, the so-called mug-shot, and a search to find if any outstanding warrants exist. The charges are confirmed, the bail amount set, and last, a court date and time is set before release. This process may take a few hours. If no outstanding warrants exist and this is not a capital crime (murder), the person is eligible for bail. Learn more about the Bail Process.
What Is An O.R. or Release on Own recognizance (ROR)?
Own Recognizance is an unsecured, government backed, release of a defendant on the promise the he/she will return to court at the appointed time and place. If he/ or she is eligible for an O.R. the review staff at the jail will assess each person on the following merits: * The type of alleged crime, * The immediate family’s support (whether they live in the immediate community) * The defendant’s past criminal history * The defendant’s job history, both current and present, within that community. Each defendant can provide to the assessment team various people who can speak well of them and verify his/or her status in the community. Each will be interviewed by phone. If an O.R. is granted there is no need for a bail bondsman; however, this does not dismiss the defendant from making all court appearances.
What About A Forfeiture? Just What Happens When A Forfeiture Occurs?
This seems to be an area that most people don’t understand very well. The action of forfeiture is when a person does not make their court appearance. Although it can compromise the bail agreement and the court’s view of the defendant, it can be solved sometimes very simply. We know things can go wrong and failing to appear in court at the appropriate time and place – happens. And yes, a bench warrant will be issued, but remember, a bail bond company can be a good friend in many cases. We know the court system and can suggest your best approach with the courts. So, if your person fails to go to court, please inform us immediately. We work for you – our valued customer.
How Long Is A Bond Valid?
A bond is valid as long as the case lasts. If the case lasts for more than a year, but not more than 2 years, the bond company is entitled to another full premium (the 10% fee). The same bond continues until the case is completed.
What's The Difference Between A Public Defender And/ Or Attorney - Why Use One Over The Other?
A public defender is appointed to a defendant who does not have the financial ability to retain an attorney – this is the basic difference. What about that myth, “Are you only allowed one call?” California Penal Code 851.5 states that the arrested person has the right to make at least three free local telephone calls upon being booked: one call to an attorney, one to a bail bondsman, and one to a relative or other personal contact.
How Can I Get A Refund?
The bail bond premium fee of 10% is non-refundable once the bond has been issued and the arrested individual is released from jail. Fees are also non-refundable regardless of whether the courts file formal charges against the arrested individual. This means you would not be given a refund if their charges are dropped, or the bond is exonerated. If, for some reason, the jail does not release the defendant after bond has been posted, all monies are refundable to the individual who delivered them to the agency. An example of this would be the individual’s bail status changes to not-bailable or if immigration decides to act upon the charges.
What is a bail bond in San Bernardino County?
A bail bond in San Bernardino County is a legal agreement between a bail bondsman and the court. It is a way for defendants to secure their release from jail while awaiting trial. When someone is arrested, the court sets a bail amount as a form of financial assurance that the defendant will appear for their court proceedings. However, the full bail amount can be quite substantial and may be difficult for individuals or their families to pay in cash. That’s where bail bonds come in. A bail bondsman, like Midnight Bail Bonds, will pay the full bail amount on behalf of the defendant in exchange for a non-refundable premium, typically 10% of the total bail amount. This allows the defendant to be released from custody, with the understanding that they will fulfill their court obligations and appear for all required hearings.
How does the bail bond process work?
The bail bond process begins when someone is arrested and taken into custody. After the court sets the bail amount, the defendant or their loved ones can reach out to a reputable bail bondsman such as Midnight Bail Bonds. The bondsman will gather necessary information, such as the defendant’s name, booking number, and the jail where they are held. They will also require identification and may request collateral depending on the circumstances. Once the paperwork is complete and any required collateral is provided, the bail bondsman will post the bail bond with the court. This allows the defendant to be released from jail pending their court proceedings.
It’s important to note that the premium paid to the bail bondsman is non-refundable, as it is the fee for their services and the risk they assume by posting the bail amount. The defendant is still responsible for appearing in court as required and fulfilling all obligations related to their case.
What happens if the defendant misses their court date?
If a defendant fails to appear in court as required, it can have serious consequences. This is known as a “failure to appear” (FTA), and it can lead to the issuance of a warrant for their arrest. Additionally, the bail bond may be forfeited, and the cosigner or collateral provided may be at risk. When a defendant misses a court date, it is crucial to take immediate action. Contacting the bail bondsman who facilitated the release is important to discuss the situation and explore available options. Depending on the circumstances, it may be possible to address the FTA and reinstate the bail bond. However, it is essential to work closely with legal counsel and the bail bondsman to ensure the best course of action is taken to mitigate potential consequences.
At Midnight Bail Bonds, we understand that navigating the bail bond process can be overwhelming. We are here to answer any questions you may have and guide you through the process with compassion and professionalism. Our goal is to ensure your understanding and help you make informed decisions. Contact us today to learn more about our services and how we can assist you during this challenging time.
What happens if the defendant misses their court date?
If a defendant fails to appear in court as required, it can have serious consequences. This is known as a “failure to appear” (FTA), and it can lead to the issuance of a warrant for their arrest. Additionally, the bail bond may be forfeited, and the cosigner or collateral provided may be at risk. When a defendant misses a court date, it is crucial to take immediate action. Contacting the bail bondsman who facilitated the release is important to discuss the situation and explore available options. Depending on the circumstances, it may be possible to address the FTA and reinstate the bail bond. However, it is essential to work closely with legal counsel and the bail bondsman to ensure the best course of action is taken to mitigate potential consequences.
At Midnight Bail Bonds, we understand that navigating the bail bond process can be overwhelming. We are here to answer any questions you may have and guide you through the process with compassion and professionalism. Our goal is to ensure your understanding and help you make informed decisions. Contact us today to learn more about our services and how we can assist you during this challenging time.
Can I bail someone out of jail if I am out of state?
Yes, you can bail someone out of jail even if you are out of state. Our bail bond services at Midnight Bail Bonds are designed to assist individuals from various locations. We offer convenient options such as online bail bonds and bail by phone, allowing you to initiate the bail process remotely. Our team will guide you through the necessary steps and coordinate with local authorities to secure the release of your loved one. We understand the importance of supporting your family and friends during difficult times, regardless of your physical location. Contact us to discuss your situation, and we will work closely with you to facilitate the bail process and reunite your loved one with you as soon as possible.
Remember, if you have any questions or concerns about the bail bond process or need assistance with obtaining a bail bond, do not hesitate to reach out to us at Midnight Bail Bonds. Our knowledgeable and dedicated team is here to provide you with the guidance and support you need, ensuring a smooth and efficient experience. We are committed to helping you navigate the legal system and securing the release of your loved one. Contact us today for personalized and reliable bail bond services.
How long does it take to get released on a bail bond?
The time it takes to get released on a bail bond can vary depending on several factors. After the bail bond is posted, it typically takes several hours for the jail to process the necessary paperwork and release the defendant. However, certain circumstances, such as a high caseload or additional administrative procedures, can prolong the release process. At Midnight Bail Bonds, we prioritize prompt and efficient service to expedite the release of our clients. Our experienced team works diligently to ensure all necessary paperwork is completed accurately and submitted promptly to facilitate a smooth and timely release. We understand the urgency of the situation and strive to get our clients out of jail as quickly as possible.
Can I use collateral for a bail bond?
Yes, collateral can be used for a bail bond in certain cases. Collateral is an asset or property that is pledged to secure the bail bond and ensure that the defendant appears in court. Common types of collateral include real estate, vehicles, valuable possessions, or financial assets. The value of the collateral should be sufficient to cover the bail amount in case the defendant fails to comply with the conditions of their release. At Midnight Bail Bonds, we understand that each situation is unique, and we work with our clients to explore collateral options when necessary. Our experienced bail agents will guide you through the process and provide you with the necessary information regarding collateral requirements.