601 Valley St., Orange, NJ 07050 973-676-9900

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Presentation transcript:

601 Valley St., Orange, NJ

FAQ’S Q. What is a Bail? A. Bail is a process through which an arrested criminal suspect pays a set amount of money to obtain release from police custody, usually after booking. As a condition of release, the suspect promises to appear in court for all scheduled criminal proceedings -- including arraignment, preliminary hearing, pre-trial Motions, and the trial itself. If the suspect fails to appear in court as scheduled, he or she will be subject to immediate arrest, and any bail amount paid will be forfeited. Q. How is Bail Set? A. If the suspect does not obtain release by paying bail immediately after booking, a judge may make a bail decision at a separate hearing, or at the arraignment. Regardless of the timing, the bail amount may be pre-determined (through a "bail schedule"), or the judge may set a monetary figure based on: Seriousness of the crime, in terms of injury to others Suspect's criminal record; Danger that the suspect's release might pose to the community; Suspect's ties to family, community, and employment. If You Cannot Afford Bail: Bonds and Bond Agencies A suspect (or the suspect's friends and family) may put up the full bail amount as set by the court, or a "bond" may be posted in lieu of the full amount. Q. What is a Bond? A. A bond is a written guarantee that the full bail amount will be paid in the event that the suspect fails to appear as promised. A bond is usually obtained through a bail bond agency that typically charges a fee in exchange for posting of the bond (usually about ten percent of the bail amount). Bail bond agencies may also demand additional collateral before posting a bond, as the agency will be responsible for paying the full bail if the suspect "jumps bail" and fails to appear as promised. 601 Valley St., Orange, NJ

FAQ’S Q. What is a Bail Bonds Agent (Also known as the Producer)? A. Most states require a bond agent to be licensed. However, the license typically is not specifically for bonding purpose, but for property and casualty insurance. To obtain the license, the applicant must meet certain educational requirements. This allows a potential bail bondsman to be appointed by an insurance company to write bail bonds. Q. What is the Bail Bond Process? A. This process involves a contractual undertaking between a licensed Bail Bondsman and an Indemnitor (commonly known as the co- signer) stating the Indemnitor will assume all liability for the full amount of the defendant's bail. The bail agent then guarantees to the court that the defendant will appear in court each and every time as required by the judge. For this service, the defendant is charged ten percent of the bail amount with option of applying for a payment plan. Before being released the defendant or a relative or friend of the defendant, typically contacts a bail agent to arrange for the posting of bail. Prior to the posting of a bail bond, the defendant and co- signer must guarantee in the form of a contract the full bail amount will be paid if the defendant does not appear in court. Typically, the defendant's family member or a close friend will post bail by assuming the liability. The Indenmitor will need to provide proof of employment and a valid State issued identification card. Collateral is not always required for a defendant depending on a number of factors (size of the bail, charges, criminal history, etc.). After an agreement is reached, the bail bondsman posts a bond for the amount of the bail, to guarantee the defendant’s return to court. 601 Valley St., Orange, NJ