Most people have a basic idea of what it means be bailed out of jail, but fewer people likely know what a surety bond is and how it works in relation to bail.
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Bail can range from a few thousand to a few million dollars, so most people don’t have the money to pay the full amount in cash with the court. The alternative to cash bail is the posting of a surety bond through a bail bonding company.
“A surety bond is posted by a bail agent, who is guaranteeing the court that they will pay the bond forfeiture if the defendant skips bail,” said Inessa Chavez, vice president of All American Bail Bonds in Santa Clarita. “For this service, the agent charges the defendant what’s called a premium.”
Related: Bail Bonds In Santa Clarita: The Consequences Of Skipping Bail
In the state of California, the premium is 10 percent of the total bail amount. The person who signs the contract is called the indemnitor, and is usually a family member or close friend of the arrestee.
After the contract has been signed and the premium has been paid — or a payment plan has been arranged for qualified individuals — the bail agent will post the surety bond with the court, and the defendant is then released from jail.
Related: Bail Bonds In Santa Clarita: How Does The Bail Process Work?
“Bail agents basically put their money on the line with every surety bond, and as a result have a financial interest in ensuring that bailees make all of their scheduled court appearances, including their judgment day,” Chavez said.
If the defendant skips bail, the bail agent is given 180 days by the courts to locate the defendant and return them to custody before they must pay the full bail amount to the court, which they will then seek to recover from the indemnitor.
“Skipping bail is definitely the worst thing you can do after an arrest,” Chavez said. “At All American Bail Bonds in Santa Clarita, our bail agents are available 24/7 to answer any questions about what’s required of you in your contract, how a surety bond works, and the bail process as a whole. Just give us a call.”
Ed. Note: This article is a KHTS Feature story based on a recent interview with All American Bail Bonds in Santa Clarita.
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