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Common bail and bail bond terminologies explained

Common bail and bail bond terminologies explained

Common bail and bail bond terminologies explained

In the wake of any crime, accused suspects will often move to secure bail after arrest to keep the out of jail till the scheduled date of their trail. The hefty price tag usually associated with these bail fees is a growing concern to most especially low-level income citizens. The price which can range anywhere between $0 to $20,000 depending on the crime, reputation, financial background, tendency of committing another crime and several other factors. In some cases, the bail price may even be higher.

The inability to raise this amount of money has often resulted in a trend that sees families and friends of defendants opt to seek bail bondsmen and profit-motive bail bond establishments to secure the bail free that would keep the defendant out of jail pending the trial date. In view of the fact that such a defendant or their loved ones will be discussing with attorneys and bail bondsmen in cases like this we have compiled some commonly used terms that often come up when discussing with bail bondsmen in Orlando.

Arraignment

An Arraignment is the first court hearing of any defendant or accused. In most cases, a plea is entered upon to discuss and conclude the conditions precedent to release. The need for bail and surrounding circumstances are also deliberated and the next court hearing is set.

Arrest

An Arrest occurs when an individual is taken into custody by any arm of the law enforcement teams empowered to do so following apprehension or suspect of committing a crime or breaking the law.

Bail

A bail is a certain monetary price that is paid to the Court after reaching an agreement to allow the defendant leave jail for their homes with an understanding that they would not be at large and show up for their court hearings. A bail is usually forfeited once a defendant misses a court hearing or flees from the area while the case is still ongoing.

Bail Bond

A Bail bond is an assuring security pledged to the Court in order to secure the accused’s appearance in future court proceedings. There are a number of bail bonds that can be used some of which include the unsecured appearance bond, secured appearance bond, the surety bond, immigration bond, cite out bond, property bond, transfer bond, federal bond or release-on-recognizance bond.

  • The Unsecured appearance bond is a bail bond that confines the defendant by agreement to pay a certain amount of money should they fail to appear in court.
  • The Secured appearance bond requires the payment of some amount of cash or bail bond to secure the defendants appearance in court. In most cases, not more than 10% is required to secure the ‘secured’ portion of the bond.
  • The Surety bond is a type of bail bond commonly used by bail bondsmen in Orlando. It usually requires these bail bondsmen to work with financially capable insurance companies in order to provide the needed financial muscle for their bonds.
  • Immigration bonds are applicable if the defendant has been detained by Customs enforcement or Immigration officials, the immigration bond allows the defendant to be released from jail until the final hearing is held.
  • Cite Out bonds are applicable in cases where the defendant has been apprehended “red handed” and the officer that has caught the defendant issues a citation for court appearance rather than jail holding.
  • The Release on own Recognizance is when a Judge agrees to release a defendant without setting any bail price. This usually happens when the defendant is being accused of a low-level crime and the Judge has deemed the accused to be of low flight risk after considering the surrounding situation.
  • Federal Bonds are posted for cases that have been deemed ‘criminal cases’ in a United States District Court.

Bail Bondsman

A Bail bondsman in Orlando is any individual that has been licensed by the appropriate banking and insurance institutions as a bail bondsman in Orlando and is deemed to own or work for a bail bond company that has been found to be of legitimate dealings.

Bail Bond Premium

The Bail bond premium is a non-refundable percentage of the bail bond to be issued. Diligent and responsible bail bondsmen in Orlando will charge no more than 10% premium to post a defendant’s bail.

Bail Forfeiture

A bail forfeiture will occur if the defendant fails to appear in court at the slated hearing date. If the bail bond company is also unable to produce the defendant before the bail forfeiture hearing, the full amount of the bail is withheld permanently by the court as the bail bond company has become liable to the court.

Collateral

Collateral is a security criteria required by most bail bondsmen in Orlando as a guarantee that all financial liabilities to the court and the bail bond company will be met by the defendant. The Collateral may be cash or real estate. It could also be anything deemed an asset by the bail bond company and will usually be returned on completion of the hearing after the court has reimbursed the bail bond company.

Conditions for Release

The Conditions prior to release of the defendant are those set by the Judge at the opening hearing (arraignment) which dictates the limits to the actions of the accused while their case awaits trail.

Criminal Defense Attorney

The Criminal Defense Attorney is the Lawyer representing the defendant. If the accused cannot foot the bill of a lawyer, the court will appoint a public defense Attorney. Private Lawyers can be employed privately by the defendant but the court is not responsible for the legal bills.

Defendant

The Defendant is also called the Accused and is the person who is being trialed for a crime.

Failure to Appear (FTA)

A Failure to appear term is used for defendants who have failed to register their presence in court, should this occur, the court will issue an arrest warrant for the defendant

Fugitive

A defendant accused of a crime that absconds to another state or country and is arrested in that place.

Guarantor

The Guarantor is any person who is financially responsible to repaying the bail bond company should the defendant fail to appear in court which then results in a bail forfeiture. This person is also referred to as the Indemnitor or co-signer.