Arlington
Arlington Bail Bonds Vermont. Serving the city of Arlington
and surrounding areas 24 hours 7 Days a week. To speak with
a licensed bail bondsman call our toll free number 1-800-824-6614
and one of our professional agents will assist you and answer
any questions you have regarding bail bonds in Arlington and
surrounding areas. |
Arlington,
Vermont Bail Bond Information and FAQ’s:
- How
does the bail process work?
- What
is Bail?
- What
is the purpose of bail?
- Do
I get my money back after the defendant goes to
court?
- What
if the person I bail ot skips?
- If
the defendant does not appear and the court orders
a forfeiture, can it be set aside if he later appears?
- If
the defendant has skipped town, what must the bail
fugitive recovery person be able to show? Is that
person a bounty hunter?
- What
if the underlying criminal charge is dismissed?
- Can
bail be increased?
- What
else may happen when a defendant fails to appear?
- What
is an immigration bond?
- 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.
What if the person
I bail out skips?
The surety or depositor may arrest the defendant, or authorize a bail enforcement
agent or private investigator to do so for the purpose of surrendering him into
custody to ensure his future appearance. This extraordinary power of the bail
bondsman is of ancient origin. When bail is given, the principal is regarded
as delivered to the custody of his sureties. The following may be authorized
to arrest a bail fugitive: A certified law enforcement officer. A person licensed
by the State to do so (i.e., holding a bail license in another state and authorized
in writing by the bail or depositor to make the arrest). A person contracted
and authorized in writing by the bail or depositor to do so, Bail Recovery Agent,
A private Investigator. Persons doing the foregoing have been called bounty hunters,
yet the term does not fit the facts of today`s world, they are acting under contract.
If the defendant
does not appear and the court orders a forfeiture, can it
be set aside if he later appears?
A court will sometimes order bail forfeited on the defendant’s nonappearance,
then vacate the forfeiture to reinstate the bail when the defendant appears and
offers an explanation for the absence. Some instances of this would be the nonappearance
because of death, illness, or insanity, or detention by civil or military authorities,
and if the absence was not with the connivance of the bail (acquiescence of the
bonding company to the absence). An example of illness would be where the defendant
is confined to bed by reason of a doctor’s order. If a defendant flees
and the prosecuting agency does not seek extradition the bail may be exonerated.
If the defendant has skipped
town, what must the bail fugitive recovery person be able
to show? Is that person a bounty hunter?
That he possesses the authority to arrest by virtue of satisfying any licensure
requirements a state may impose upon such a person. Additionally, he or she must
have in their possession proper documentation of authority to apprehend issued
by the bail or depositor, which shall include the name of the individual authorized
to apprehend the bail fugitive, the address of the principal office, the name
and business address of the bail agency, or other party contracting with the
individual authorized to apprehend a bail fugitive. In a historical sense they
are a bounty hunter as they generally are contracted to do this and are remunerated
for their services by the bail agency or other contracting party. The bounty
hunters of old are not the bail enforcement agents of today. Some jurisdictions
require significant training and licensure of persons engaged in the recovery
of bail absconders.
What if the underlying criminal
charge is dismissed?
Statutes provide for exoneration of the surety in the event of dismissal. However,
there is usually a time period within which the prosecuting agency may seek to
re-arrest 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.
When can bail be increased?
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.
What else may happen when a defendant
fails to appear?
The court may issue a bench warrant for his apprehension and arrest for the failure
to appear upon the underlying charge, which would thus be a separate triable
offense, separate and distinct from the original charge. The appropriate agency
will enter each bench warrant issued on a private surety—bonded felony
case into the national warrant system (National Crime Information Center (NCIC)).
What is an immigration bond?
An immigration bond issued for delivery of an alien guarantees that the individual
will appear for all I.N.S. hearings on time and depart the United States at a
specified date.
An immigration bond conditioned for maintenance of an alien, guarantees that
the person will be financially independent during the time he/she is in the United
States.
What is a bail bond indemnitor?
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.
Bail bonds are normally good for one year. If the case continues for longer than
a year, additional premiums will be due and collected for each year the case
goes on.
Bail bond premiums are not refundable, as they are used for the bail agent`s
expenses, etc. 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 defendant’s bond when the defendant
has completes all of his/her court appearances, and when all premiums have been
paid. It is best to contact the bail bond company when the bail 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 is 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.
|
|
|
