Q: What is collateral? How does that work?
A: Anything of significant value can be used as collateral. Most commonly vehicles or real estate are used. the bail bonds company will place a temporary lien against the property or hold onto a signed title of a vehicle until the bond is exonerated. No physical possession is taken. However, if other misc. items are used, they may need to be left in possession of the bail bonds company until the bond is exonerated.
Q: What is a co-signer or indemnitor?
A: A co-signer or indemnitor is someone who signs for the bail bond along with the defendant and agrees to be financially responsible if the defendants fail to meet his or her obligations.
Q: How do bail bonds work?
A: There is a great amount of information on this subject on this page: How do bail bonds work?
Q: What is the difference between the bail amount and the bail premium?
A: The bail amount(also known as the “penal amount” or “penal sum”) is the full amount due to the court in order for the defendant to be released. The bail premium is the fee due to the bail bonds company for posting a bond for the full bail(penal) amount.
Q: Do I get my money back after the case is over?
A: If you used a bail bonds company to post a bond, the fees or premium you paid are not refundable. However, if you posted the entire bail amount with the court you may be entitled to a return of your funds. Although these funds may be taken by the court to pay for any court fees, fines, and/or restitution.
Q: What is a forfeiture?
A: A forfeiture and bench warrant are ordered when a defendant fails to appear in court while out on a bail bond. In short, the forfeiture makes the bond no longer in effect, therefore the defendant must be returned to the court’s custody. The defendant can generally get the bond reinstated and the warrant cleared by simply contacting their Bail Agent and making arrangements to appear in court.
Q: What is a reinstatement?
A: A reinstatement is when a bail bonds company reassumes liability for the appearance of a defendant.
Q: What is a Summary Judgment?
A: A summary judgment is the order that requires the bail bond company to pay the full bail amount to the court. This is ordered when a defendant has not been returned to the court’s custody and the bond has not been reinstated after the court has declared a forfeiture.
Q: What is an exoneration?
A: After a criminal case has been completed the court will order the bail bond exonerated. Releasing the bail bond company of liability for the defendant’s appearance.
Q: What is an ICE/immigration hold?
A: An ICE or immigration hold may be placed on individuals who’s identity cannot be verified. It is also used for those who are currently being held for illegal entry into the United States. When an ICE or immigration hold is present the defendant is not eligible to be released on a bail bond.
Q: My friend or loved one was just transferred from prison to Sacramento County Jail. Can I bail them out?
A: Because of new state laws some prison inmates are being transferred to local jail facilities to lighten the load on the California Department of Corrections. However, they are still considered to be serving their initial sentence and therefore ineligible for bail.
q: How are bail amounts determined?
A: Each county has their own bail schedule which sets a guideline for bail amounts according to the offense. However, the judge has the right to increase bail, decrease bail, and make a defendant ineligible for bail at their discretion. This is why we always recommend posting bail as soon as possible to avoid the possibility of bail being taken away.