History of Bail

Bail bonds go much farther back in history than most people would think. Surety bonding is centuries old, and reference to the concept of surety bonding can be found in the Old Testament of the Bible. Genesis Ch.43 V.9, KJV, I will be surety for him, of my hand shalt thou require him: If I bring him not unto thee, and set him before thee, then let me bear the blame for ever. This verse is about Joseph who is offering security to the courts for the release of his brothers. The New Testament also refers to Surety (security) because it mentions that Jason would forfeit or lose if Paul or the church caused any more trouble. Acts, Ch. 17 V.9 KJV, "And when they had taken security of Jason, and of the other, they let them go." Other documented evidence of bail bonds or surety is found in the history of the Roman Empire. The
Romans were the first people to install surety bonding as a part of their legal system in 150 AD. Bail was very common in Rome and it was used to release individuals who were awaiting their trial.

Bail was typically paid with property or valuables, and once the defendant appeared for trial their pledged property or the valuables that were used were returned to the Surety. Bail is a part of our legal system that allows an accused individual to be released from custody so that they can live their lives and at the same time prepare for their upcoming court hearing. In criminal cases, bail is an amount of money, real property or a bail (surety) bond that needs to be posted by or on the behalf of a defendant. Once posted, it is a guarantee that they will show up for their court appearance(s). The right to reasonable bail is guaranteed by the Eighth Amendment of the Constitution of the United States. Surety Bonds: Surety bonds are the most common type of bail bond and involve a bail bondsman or surety company providing a financial guarantee to the court that the defendant will appear for their scheduled court appearance(s). The bail bondsman or surety company acts as a third party that promises to cover the full bail amount if the defendant fails to appear.

BAILBOND PROCESS INFO & FAQs

BOOKING

Upon arrest, the suspect’s personal information is taken by a police officer. The jail booking process normally takes place after a suspect is arrested and taken into custody.

Information about the alleged offense is input into the jail database.
The jail intake (booking) will input the accused name into NCIC (National Crime information Center) which will check for open warrants and/or previous crimes
He accused will be Fingerprinted and a mug shot will be taken
Depending on the type of charge the accused may be subject to A full-body search
A general health check is conducted to determine whether the accused needs medical attention or if the accused is a threat to himself or possibly a threat to other inmates
Their personal items (keys, wallet, cash, credit cards, clothing, etc.) are taken from the suspect
The suspect is placed in a holding cell. If the accused is charged with a new crime, they will end up going in front of a bond judge to have the bond set. If the accused was put into jail due to a bench warrant, the best thing for them to do is contact an attorney. Bail Bondsman cannot post bonds for active bench warrants.

Bond hearing

Whether arrested for a state crime or a federal offense, a defendant usually appears in court within 24 hours for a bail hearing, at which a judge must decide whether to keep the defendant in custody or to order release pending trial.

Reasons for denying bail:

Flight risk — To decide whether the accused is likely to flee to avoid trial and punishment, the court considers his or her ties to the community and other factors, including the severity of the charges and other resources that might enable the accused to reach a safe haven.
Threat to the community — A court might conclude that a defendant accused of a violent or otherwise serious crime is potentially too dangerous to remain at large. The new criminal law in South Carolina addresses those charged with violent crimes who happen to have two violent charges pending. The judges usually set cash bonds for situations like lthis.

Once the court decides it is appropriate to release a defendant pending trial, the judge must then decide whether to require him or her to post bail, the amount of the bail or if the person should be released on his or her own recognizance (OR bond). In many jurisdictions, this is called a personal recognizance bond or a (PR) bond. Although PR bonds are given monetary amounts, the amount of money attached to the PR bond really doesn't mean anything. Most (if not all) jurisdictions will not go after the money if someone who received a PR bond fails to appear. Whenever a bail bondsman posts a surety bond for the defendant, the bail bondsman is liable to the court system for either all of the bond amount or for a portion of the bond amount. Of course this only occurs if the defendant fails to appear for his or her court date(s).

The Eighth Amendment prohibits “excessive” bail, but interpretations of that term vary greatly, as do bail amounts. Bail for a misdemeanor can be several hundred to a few thousand dollars, while bail for a serious felony can be upwards of a million dollars.

Possible outcomes of the bail hearing:

Release on personal recognizance: The defendant is released, without having to post bail, upon the condition that he or she will appear at all court dates
Release on bail: The judge orders the defendant to pay a certain amount of money into court. This is usually done by purchasing a bail bond, a form of surety agreement A bail bondsman charges a nonrefundable fee, which typically equals 10 percent of the bond’s face value. However in some situations they will charge 15%.
Release with other conditions: With or without requiring bail, a judge may add some restrictions including house arrest, GPS ankle monitor, a mental health assessment, travel limitations, and in some situations an alcohol monitoring device. Also, in most situations whenever there is a victim(s) involved, the defendants are normally not allowed to contact the alleged victim. In the event that the accused resides with the victim, the judge normally will allow the defendant one opportunity to stop by the residence to pick up some of his personal items. However, this is only allowed with law enforcement Present.

How does a bail bond work?

Typically a bond judge who represents the court. will set the amount of bail required for the defendant’s release. Under state law, a company can provide a “bail bond” that guarantees payment of the full bail amount to the court if the defendant fails to appear for all of their scheduled appearances. These bail bonds are offered by licensed bail agents. For providing the service of securing the release of the defendant, bail agents charge a fee, which is typically 10% of the bond face amount. For example, if someones bail amount is $10,000, the premium (fee) would cost $1,000.00.

A bail bond is a financial guarantee made by or on behalf of a criminal defendant that is used to guarantee their appearance in court through the end of their trial. Failure by the defendant to appearmay result in a bail bond forfeiture. If someone fails to appear for court in South Carolina, the bondsman has 90 days to try to rectify the situation. This normally entails finding the defendant and placing them back into custody or the defendant paying an attorney to try to get the bench warrant removed. If 90 days is surpassed and the warrant is still active the court will set up a hearing date for the bondsman. At this point, time is about up and the meeting is in regards to the money that was guaranteed by the Bondsman.

The bail bond amount is the full amount of the bail that is set by the court. The premium is the dollar amount charged by the bail service provider for providing the pre-trial release service. Usually, this premium is 10% of the bail amount. For example, if the bail amount is $20,000, the premium charged would be $2,000.

Who is a co-signer/indemnitor?

A co-signer/indemnitor or guarantor is the individual who is willing to be responsible for the defendant while they are out on bond. They assume financial responsibility and liability. , This includes making sure the bond payments are made (if applicable) as well as making sure the defendant appears for his or her court dates. If the defendant absconds and it costs the bondsman any money, they are ultimately liable for it in the end.

How do I make payments?

In person with cash, money order or a personal check, Payments can be made online through our website. Payments can be made using PayPal, cash app, Venmo, Zelle. Payments can be called in when using a credit or debit card as well.

Do you get your bail bond fee (money) back?

No, you will not receive a refund of the money that you paid the bondsman to post your loved ones bond. When a bail bond is secured through a bail bondsman, the fee that was paid is a non-refundable fee. This fee compensates the bail bondsman for their services and for the financial risk they assume by guaranteeing the bail amount to the courts.

You can Trust us to get the job done!

Posting bonds is what we do. Our experienced, bond agents are committed to providing our customers with the highest level of service as possible. Throughout the years we have posted bonds for thousands of defendants, and helped secure their release from jail. We are dependable, reliable and trustworthy. Give us a call and you will see why so many have trusted us to get their loved ones out of jail.