Ashton, Iowa Bail Bond Information and FAQ’s:

1. How does the bail process work?
2. What is Bail?
3. What is the purpose of bail?
4. Do I get my money back after the defendant goes to court?
5. What if the person I bail out skips?
6. If the defendant does not appear and the court orders a forfeiture, can it be set aside if he later appears?
7. If the defendant has skipped town, what must the bail fugitive recovery person be able to show? Is that person a bounty hunter?
8. What if the underlying criminal charge is dismissed?
9. Can bail be increased?
10. What else may happen when a defendant fails to appear?
11. What is an immigration bond?
12. What is a bail bond indemnitor?

How does the bail process work?
Posting of a bail bond. This process involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. The bail agent guarantees to the court that the defendant will appear in court each and every time the judge requires them to.

For this service, the defendant is charged a percentage of the bail amount. Before being released the defendant or a relative or friend of the defendant, typically contacts a bail bondsman to arrange for the posting of bail. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court.

Typically, a family member or a close friend of the defendant will post bail and cosign. Collateral is not always required for a person to be bailed from jail. Often a person can be bailed from jail on the signature of a friend or family member. Cosigners typically need to be working and either own or rent a home in the same area for some time.

After an agreement is reached, the bail agent posts a bond for the amount of the bail, to guarantee the defendant’s return to court.

If the defendant "skips", the cosigner is immediately responsible for the full amount of the bail. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail enforcement agent incurs while looking for the defendant.

What is Bail?
The term Bail is used in several distinct senses: (1) It may mean the security—cash or bond—given for the appearance of the prisoner. (2) It may mean the bondsman (i.e., the person who acts as surety for the defendant`s appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity.

Admission to bail is the order of a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of security—either an undertaking or deposit—for the appearance of the defendant before a court for some part of the criminal proceeding).

Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties on the other. The agreement basically is that the state will release the defendant from custody the sureties will undertake that the defendant will appear at a specified time and place to answer the charge made against him. If the defendant fails to appear, the sureties become the absolute debtor of the state for the amount of the bond.

What is the purpose of bail?
The purpose of bail is to assure the attendance of the defendant, when his or her presence is required in court, whether before or after conviction. Bail is not a means of punishing a defendant, nor should there be a suggestion of revenue to the government.

Do I get my money back after the defendant goes to court?
When the bailbond has served its purpose, the surety will be exonerated (i.e., released from the obligation). Exoneration normally occurs when the proceeding is terminated in some way or on the return of the defendant to custody. After conviction, the defendant appears for sentence. If sentenced to imprisonment the defendant is committed to the custody of the sheriff, and the liability of the surety terminates. You will not receive any money back that you have paid a bail bondsman.

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