Bail and a bail bond are two very different things. Bail is the amount of money that is required by the court for a person to obtain early release after an arrest. Bail is set in one of two ways. The first way is through an arraignment hearing where the defendant goes in front of a judge and the details of the case are discussed. This include the severity of the crime, the defendant's past criminal history and whether or not the defendant poses a high risk of flight if they are allowed to get out of jail before their hearing.
A bail bond is the legal and binding contract between the bail bonds agent, the defendant and the co-signer. Per Nevada state law, there is a 15% non-refundable, non-negotiable premium that must be paid. The total cost of the premium is 15% of the total bail amount as well as any filing charges that are tacked on by the jail or court system. If bail is posted, the defendant is allowed to leave the jail and go home as long as they promise to return for their next scheduled court hearing.
The state of Nevada requires a 15% premium be charged on all bail bonds written and executed within the state. Some jails and court offices require a filing fee in addition to the cost of the bail bond. At Godfathers Bail Bonds, we have no hidden fees or charges. If a cash bond is paid, a person must post the bond in person, in cash. A bail bondsman is not needed for a cash bond.
No one is ever ready for an arrest. With today's economy, more and more people are finding it difficult to come up with the money to post a bail bond. The agents of Godfathers Bail Bonds understand that many families are experiencing financial difficulties. To remedy this, we offer convenient installment plans for almost any size loan. Individuals who are gainfully employed and are established in the community often qualify for one of our installment plans.
The size of the facility, how busy it is at any given time and the number of staff on hand will determine how long the release process will take. For most facilities in Las Vegas, the release process takes anywhere from 2 to 12 hours. Once bond has been posted, law enforcement officers must go through a series of steps to ensure they have everything they need from the defendant before they are let go. Information must be verified and final statements must be made. The bail bondsmant will be waiting when the defendant is finally allowed to leave and will take the defendant home and go over the details of the bail bonds agreement.
Accidents happen. Events take place that are beyond our control. If you realize you have accidentally missed a court date, the first thing you must do is contact the court. Let them know what happened and ask to have a new date set. You must also call your bail bondsman and explain the situation. Constant contact with your bail bondsman is important if you want to avoid confusion. Checking in through phone calls and office visits is advisable to keep everyone on the same page and up to speed as to what is going on with your case. Repeatedly missing your court dates can eventually cause problems. It is important to attend every court date on time and remain in contact with your bail bondsman at all times.
You will be given your court date as soon as you post your bail and are released from jail. It will be included in the bail bond paperwork you receive from the jail. Your bail bondsman will also be advised of the court date. If, for some reason your court date is changed, you will be notified by the court. Your bail bondsman will also receive notification and will communicate any changes to you to make sure you understand what has happened and will still be able to appear at the new date.
While there are some charges that are simple and easily handled on their own, it is advisable to at least seek legal counsel for advice on certain cases. Whether you choose to hire an attorney or not is up to you. It is important, however, to know and understand your legal rights in any situation. Hiring a qualified attorney will protect you in many ways. If you choose to move forward without an attorney, you could miss important deadlines or lose out on many benefits you would otherwise not be aware of. If you want an attorney but can't afford one, the court will appoint a public defender to help you with your case. They are just as qualified as any other attorney, but are employed by the court to assist in providing legal counsel to individuals who have no other recourse.
A cash bond is one that is paid in person, in cash and directly to the jail. A cash bond must be paid in full in order to obtain the release of the defendant. Because cash bonds are pain in full and in person, there is no need to hire a bail bondsman. Once the case is closed, the bond funds will be returned to the person who posted it, minus any court costs, fees and restitution. Cash bonds are normally smaller than surety bonds. Large bonds can be paid in cash as well, but this often poses a significant hardship on the person posting it. This is one of the reason's surety bonds have become so popular.
In most cases, bail bonds agents do not help their clients find an attorney. There are Attorney Referral Programs available that can help a client find an attorney that is best suited for their case. Bail bondsmen do not normally deal with attorneys on a regular basis, except when it comes to an exchange of information if the defendant has missed a court date or is believed to have skipped bail. While attorneys may recommend a bail bondsmen to their client, bail bondsmen do not normally refer clients to attorneys.
Bond forfeiture and exoneration are two different things. When a bond is forfeited it means that the person did not appear at the scheduled court hearing. The judge will often give the bail bondsman a certain amount of days to bring the individual back to jail before actually forfeiting the bond. Once a bond has been forfeited it, it cannot be returned and the bail bondsman will be required to pay the entire amount of the bond to the court. If this occurs, the bail bondsman will then go to the co-signer who will have to repay the bail bonds service the total amount of the bond plus any fees that are still due and owing.
A bond that is exonerated is one that has been released by the court. In order for the bond to be released, the defendant has complied with all of the court's requirements and attended all of their scheduled court hearings. When the court has been satisfied, the defendant's bond will be released back to the co-signer who originally hired the bail bondsman. If only the premium was paid, it will be released to the bail bondsman as payment for their services. Anything over and above the premium will be returned to the co-signer, minus any court costs, fees and restitution.