I Have More Questions

Articles for the Bail Industry

The Simple Answer:
In Las Vegas, Nevada and most of the country, when you get a bail bond you are guaranteeing perfect attendance for all court matters. Guilty, not guilty doesn't matter, you're just saying the person bailed, the "defendant", will go to all their court dates.

The Full Answer:
You have two options; the first is cash bail, you can pay the total bail amount to the court, and when the person you bailed (the defendant) is finished with all their obligations to the court, you will get that money back, less fees, in about 90 days. The advantages to cash bail are that the only money you're out are the fees the court charges, the disadvantages are that while the court holds the money for, depending on the charge, a lengthy perod of time, it gains no interest, and if you borrowed the money, like say put it on a credit card, the fees or interest keep accumulating, and obviously, if the person you bailed misses a court date, the money you put up may be forfeit.

Your second option is surety bail. In Las Vegas, and the rest of Nevada, the bail bonds company would put up a bail bond, which is like a check, and as long as the defendant appears in court, will not be cashed. The fee, set by the State of Nevada's Division of Insurance is 15% of the bail bond. So, for a $3000 bond, the bail bonds company would charge $450. The defendant has the obligation to do everything the court asks, when he does and finishes up his business, the bond is "exonerated", or declared null and void, it is worthless, the matter between the bail bonds company and you is over. If a defendant misses a court date, a warrant will be issued. If the defendant misses a court date, it is serious, but not the end of the world. The bail bonds company or an attorney, can usually get the defendant a new court date, and even though rare, it could involve the bail bonds company physically getting the defendant before the judge.

COLLATERAL?
WHAT ARE THEY TALKING ABOUT?

The Simple Answer:
Usually not needed, but on some occasions, collateral is security you put up that can be liquidated, or cashed in, if the defendant does not show up and the bail company has to pay the court the amount of the bail bond.

The Full Answer:
If the defendant were not to show up in court, the bail company has 6 months to get the defendant "right with the system" or they have to pay the value of the bond. That could get expensive pretty quick, so bail companies will sometimes take collateral to secure a defendant's presence in court. Suppose someone doesn't show in court and the bail company can't find them, in 6 months the bail company will liquidate any collateral in order to pay the courts the face value of the bond, on the other hand, once a defendant's business with the court is over and the bail bond is exonerated, all collateral is 100% refundable. Cash, Real Estate, Stocks & Bonds, Life Insurance Policies and vehicles are all acceptable forms of collateral.

DO I GET MY MONEY BACK?

Answer:
In Las Vegas, and the rest of Nevada, the bail bonds company charges 15%, no more, no less, that fee is non-refundable, you do not get that back, if you posted cash bail, that is, you did not use a bail bondsmen, you went directly to the jail and posted the full amount of the bail, you WILL get that money back about 90 days after the person you bailed clears everything up with the court. You may have posted cash as collateral with the bail bonds, assuming the person you bailed clears everything up, you will get that money back.