FAQ – ALL ABOUT BAIL
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Typically, a friend, relative or attorney contacts Vegas Bail on behalf of the person in jail to arrange for his/her release. This is probably you! If this is your first time needing a bail bond, we know you have lots of questions.
What you probably already know is that guarantees, both financial and personal, are needed to get someone released from jail; whether you use a bail company or go directly to the jail with money (we will explain the difference below). There are always many ways to get the job done – just ask and we will try to accommodate your needs.
We know that everyone has different financial considerations and we, at VEGAS BAIL take pride in servicing each and every client. For 20 years, we have reunited over 500,000 friends and families. We can get the job done!
The following responses are typical of the many questions asked about bail, jail and the booking process, about collateral, the ‘premium’ charged by the bail companies, exoneration's, the public defender, arraignments, and etc.
What happens when you first get arrested?
First, the arresting officer takes the person to jail where he or she is 'booked' for their particular offense. This website LAS VEGAS CITY CHARTER, lists various coded laws for the state of Nevada.
In a criminal matter, the defendant should consult with an attorney. Many attorneys offer a free consultation. The public defender is appointed to those who cannot afford a private attorney. At the first court appearance called the arraignment, the defendant is asked if he/she can afford an attorney. If the answer is no, the court appoints a public defender. Common Sense Rules: If you've bailed someone out of jail and know they are going to JUMP- please call us immediately, so that your financial responsibilities are lessened or removed. If you or the defendant has moved, please keep your bail company updated. One of the benefits of posting bail is the ability to be free and to conduct one's affairs as usual. Unless instructed by the court, the defendant is free as long as he/she appears before the court, as directed.
What happens next to the defendant after he/she is booked? When can they be bailed out of jail?
These are the most common things that happen once a person is booked.
1. Sometimes a defendant is released and no charges are filed.
2. The defendant is released on his/her own recognizance (O.R), however, the person must make all court appearances
or there will be a warrant issued and the process begins again.
3. The defendant is released on bail bond.No bail is set and the defendant must remain in jail until he/she goes to court.
4. No bail is set and the defendant must remain in jail until he/she goes to court.
What does a bail agent do?
The bail agent is the person who posts your negotiated bond with the jail and obtains the release of the defendant. The bail agent cannot post a bond until all the requirements, listed in the first question, have been met. The jail will not release anybody without the bail amount defined, the court and date set, and confirmation that there are no pending warrants.
How long does it take for the defendant to be released once the bail bond is posted at the jail or the person is released on an O.R. ( Own Recognized)?
Generally, there is not much difference in timing between these two types of releases. The process, once again is up to the jail and depends on the amount of detainees being processed for release, in other words, whoever comes up first in the line. The bail agent has no authority over the jail to expedite any detainee's release.
Does that person only get one phone call?
While in the process of booking, the person can make many calls, either to you by collect call, to the bail company (we accept all collect calls), and depending on jail restrictions, establish a 3-way call between you, the defendant and a bail office to negotiate bail-only. These calls may be short, but the necessary information can be made during this time, with appropriate introductions between all parties that may expedite one's release.
Is a bail company the only option available to get someone out of jail? Are there any other choices?
For fast release, the jail recognizes two sources: 1) A licensed bail company, registered by the Nevada Department of Insurance, can post a bail bond. (Always ask to see identification from a bail agent. Each licensed agent has his/her number listed with the Department of Insurance) 2) Full cash bail deposited with the court *In this case, the full cash bail will be refunded unless there are court fees and fines outstanding. Your permission is required for these deductions. A US Treasury Bond is also recognized by some courts, and this may be a third solution. In some cases, the court may agree to use property bond as collateral for the defendant's release. An attorney or the court clerk would best advice you on this matter.
What does a bail company and its agents do?
A bail company is licensed by Nevada Department of Insurance. It is permitted to write bail (or post bonds) for the state - only, where it is registered. The bail agent is also licensed by the state, is guaranteed by the bail company and the state, required to pass an exam, maintain continuing education classes, and has had a full investigative check on his/her background for any past or present criminal activity before obtaining a license. Please note that the law strictly prohibits the bail agent from giving any legal advice.
What is a bail bond?
A bail bond is termed, surety bond. It is a piece of paper - the bail bond, underwritten or backed by an insurance company (surety). Each bond written must correspond and not exceed, in face value to that specific amount of bail. This bond is taken by the jail, more or less, in exchange for the person in jail. Financial guarantees for each bond are tiered as follows: First, a bonding company is issued bonds through a privately owned insurance company that has agreed to accept a particular bonding company to underwrite with their company. When the forfeiture of a bond occurs, the bonding company has to pay the courts, first. The bonding company then simultaneously seeks payment from the original indemnifier who negotiated the release of the defendant. Last, the insurance company, whose authority and power, guarantees all bonds written by its bonding company, may have to pay for a forfeited bond. Certain financial guarantees by the bond company are held by its insurance company, so that payments and good standing with the courts are always maintained. This is why collateral and strong indemnitors are required. The network of companies, people and financial guarantees that go into the 'making of a bond' are all about securing the bond until it is finally exonerated and all liability is released.
What are the basic steps in securing a bond - the ABC's?
When you call VEGAS BAIL we practice the ABC's. They are as follows: Ask how we can help you with all your needs Believe that we are the best company to help you Compete for your business A. We can help you through a difficult situation. The entire writing of a bond takes very little time- about 30 minutes. A few short questions and the bond is ok'd! B. Our knowledgeable agents know what it takes to negotiate the money side of getting a bond done. It has to be a win-win situation for both parties. We can help turn a bad encounter with the jails and police into a better experience - someone cares, that's us! C. Your business is greatly appreciated. We hope to get your business, keep it and, if you're ever in a jam again, give us a call- we never sleep!
What does a bail cost? Who pays for the bond and how?
The bond cost, called a premium, is 15% of the bond amount. You, as our client needing a bond, are responsible for this fee. It is the bail company's source of income and therefore, non-refundable. It is a fee mandated by the Nevada Department of Insurance. At VEGAS BAIL, with half down - 5%, this fee can be negotiated with a short-term, promissory note. Sometimes, 0% applies O.A.C. Now the first part is done. The second part of negotiating a bond is securing the full value of the bond usually by some form of collateral - just in case the defendant forfeits. *Remember, if a person's charges are dropped once the jail has accepted the bond it becomes a binding agreement and the 'premium' is non-refundable
What about collateral? Is it always needed to secure a bail bond? Are there any other options?
Collateral is not always needed with VEGAS BAIL. Your signature may be the only guarantee necessary, especially if you own a home. In most cases, needing a bond does not mean that a lien against your property is required. It depends on the size of the bond, the type of charge(s) and other factors. Our agents will help you work through this problem. A good job, credit and established residency within the community constitutes collateral, too.
If property is needed to obtain a bond, when is the lien released?
Property is released when the bond is exonerated, which means the case(s) is finished. Some courts send bail companies the notices of exoneration, sometimes the exoneration notices must be requested. Either you or the bail company can get this done within a very short time and your property will be reconveyed at that time.
When money is used for collateral, when is the money returned?
Monies will be returned when the bond is exonerated. The same procedures apply as with property - see question above
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' payment. The same bond continues until the case is completed.
What happens if the person bailed out is late for court? Is the bond forfeited?
Technically, the answer is yes, the bond is forfeited. The court may view the defendant's failure to appear as a willful act and issue a bench warrant. The defendant will then be subject to arrest. If you know the person is going to be late or can't find the right courtroom, please contact either your bail company to handle the situation by reassuming the bond, or by contacting the court clerk in any courtroom. They will direct you to your appropriate court. Always check in with the bailiff to let them know you are late. It is always best to make a late appearance than no appearance at all.