In Business Since 2017 | Over 20 Years of Industry Experience
Understanding Bail Bond in Statesville, NC
What is bail, or what is a bond? What is a bail bond?
Bail or bond (in this case, bail and bond mean the same thing) is money in cash or in the form of a surety bond to ensure that a person attends all required court appearances relating to a court case. The bond allows an arrested person (defendant) to be released from jail until their case is completed. There are two basic types of bail or bond:
- A cash bond posted with the court or jail
- A surety bond is posted through a surety bail bond company such as Bonds To Freedom.
What is a bail bondsman?
A bail bondsman, bondsperson, bail agent, and bond agent are all names for a person licensed by the North Carolina Department of Insurance to sell surety bonds and authorized to conduct business in the state. The person is an agent for an insurance company that sells surety bonds.
What is a surety bond?
A surety bond is an agreement made between a person and a bondsman. The bondsman agrees to post the necessary bond so the defendant can be released from jail. This agreement is backed by an insurance company contract signed by the person and the bondsman on behalf of the insurance company. There has to be enough cash or collateral to cover the total amount of the bond in case the defendant misses his or her court date.
Only a person licensed by the North Carolina Department of Insurance may post a surety bond.
Only a person licensed by the North Carolina Department of Insurance may post a surety bond.
Why would I hire a bondsman?
If you don't have the cash to cover the total bond amount and sheriff's fee, you may hire a bondsman to bail yourself or someone else out of jail. A surety bail bond through a bond company like Bonds To Freedom costs 15 percent of the total bond amount, plus any additional fees. However, this can vary from company to company.
Bonds To Freedom is also authorized to provide a discounted rate of eight percent for active military personnel, union members, and clients who have hired a private attorney to represent them. As mentioned above, the court sometimes keeps a cash bond in part or whole to cover a defendant's court fines and fees.
If you are bonding someone out of jail and don't want to take the chance that all or part of your cash will be used to pay the defendant's court fines, fees, and restitution, you might want to hire a bail bondsman.
Bonds To Freedom is also authorized to provide a discounted rate of eight percent for active military personnel, union members, and clients who have hired a private attorney to represent them. As mentioned above, the court sometimes keeps a cash bond in part or whole to cover a defendant's court fines and fees.
If you are bonding someone out of jail and don't want to take the chance that all or part of your cash will be used to pay the defendant's court fines, fees, and restitution, you might want to hire a bail bondsman.
How much does a surety bond cost?
A surety bond costs 15 percent of the bond amount, an agent's, and a sheriff's fee. You will not get any fees back because they are nonrefundable regardless of the defendant's guilt or innocence and are fully earned upon the bond's posting.
If I post a cash bond at the Jail/Court
If you post a cash bond, you might get some of your entire cash bond back, but it will be once the case is finished. Additionally, monies from a cash bond may be applied to court costs and fines for the defendant before any remainder is returned to you.
The law allows the court to use the cash bond to pay fines. If you post a surety bond through a bond company like Bonds To Freedom, you will not get back the premium, agent fee, or sheriff's fee. Those are fully earned upon the posting of the bail. If you put up collateral, as long as the defendant makes all of his/her court appearances, you will receive it back when the defendant is found innocent or guilty or the court and the bond dismiss the case and acquitted.
The law allows the court to use the cash bond to pay fines. If you post a surety bond through a bond company like Bonds To Freedom, you will not get back the premium, agent fee, or sheriff's fee. Those are fully earned upon the posting of the bail. If you put up collateral, as long as the defendant makes all of his/her court appearances, you will receive it back when the defendant is found innocent or guilty or the court and the bond dismiss the case and acquitted.
Who can post a bond?
Any person can post their cash bond with the court or jail. If the defendant can't afford to bond him or herself out of jail, any other person over the age of 18 can post the cash bond. If a defendant chooses to pursue a surety bail bond instead of a cash bond, most surety bail companies, like Bonds To Freedom, require a cosigner at least 18 years of age to sign the bail documents.
Because of the differences in bond amounts and the uniqueness of circumstances, the criteria to qualify as a cosigner for a bond can vary from bond to bond and bail company to bail company.
What must I do if I'm a cosigner?
As a cosigner, you ensure that the defendant attends all court dates relating to the case. If the defendant misses a court date, you will be expected to help the bondsman find the defendant and return them to court immediately. If the bondsman has to search for or arrest the defendant to get him or her back into court, the cosigner must pay the bondsman's expenses for finding the defendant.
Suppose the cosigner and bondsman cannot find the defendant and return him or her to the court within a set time. In that case, the cosigner must pay the total amount of the bond and any costs associated with searching for the defendant, as noted above.
Before signing any contracts or promissory notes:
- Make sure you read through them carefully and be sure that you understand them.
- Ask the bail agent or company, like Bonds To Freedom, if you have any questions before signing these documents.
- Always get copies of all documents you sign when you sign them.
In North Carolina, all bail bond companies are required by state law to supply copies of these documents to the defendant and all cosigners on a bond.