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                                 HOW BAIL WORKS

This page of our site breaks down how bail works.  In order for someone to post bond a co-signer or friend is usually the party that goes through the posting process necessary to gain the release of someone in custody or wanted under a warrant.  This process involves a contractual undertaking guaranteed by a Bail Agent and the individual posting bail.  The bail agent guarantees to the court that the defendant will appear in court each and every time the Judge requires them to.

For this service, the defendant is charged a percentage of the bail amount (which is pennies on the dollar which results in VERY GOOD SAVINGS).  Before being released the defendant or a relative or friend of the defendant, typically contacts a bail agent to arrange for the posting of the bail.  Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court.

As indicated earlier, a family member or a close friend of the defendant will post bail and co-sign on the bond.  Collateral or property pledged is not always required for a person to be bailed from jail, however, it may assist in qualifying to co-sign.  Co-signers typically need to be working and either own or rent a home or other valuable assets in the same area for a qualified period of time.

After an agreement is reached, the bail agent posts the bond(s) for the amount of the bail, to gaurantee the defendant's return to court.

If the defendant "skips", the co-signer(s) is/are immediately responsible for the FULL amount of the bond(s) plus any related bounty hunting fee's and all costs to collect.  If the defendant is located and arrested by the bail agent the co-signer is responsible for all expenses the bail agent incurs while looking for the defendant should an FTA or failure to appear occur. 

The five basic release options available to a person who is arrested are: Surety Bond, Release on his or her Own Recognance (O.R.), release on citation ("Cite Out"), Property bond and Cash Bond.

CASH BOND

To be released on cash bail, an individual must post with the court the total amount of the bail, in cash to secure his or her release and return to court on an appointed date and thereafter at each and every set court date and time until the case is concluded.  Full cash bonds provide a powerful incentive for defendants to appear at trial.  If the defendant shows up for his/her scheduled court appearances, the cash is returned to him/her.  If s/he fails to appear (FTA), the cash bond is forfeited to the Court.

SURETY BOND

A cost effective and cash savings alternative to the "Cash Bond" is the posting of a Surety Bond.  This process involves a contractual undertaking guaranteed by an admitted insurance company7 having adequate assets to satisfy the face value of the bond.  The bail agent gaurantees to the court that they will pay the bond forfeiture if a defendant fails to appear for their scheduled court appearances.  The bail agent's guarantee is made through a Surety Company and/or by the pledge of property owned by the agent.

For this service, the defendant is charged a premium which in most cases is pennies on the dollar.  To be released pursuant to the posting of a surety bond, the arrestee, or a relative or friend of the arrestee, typically contacts a bail agent, an individual licensed by the State of Colorado to post surety bonds.  Prior to the posting of a surety bond, the bail agent undertakes a detailed interview of the proposed guarantor or Co-Signer of the surety bond, as well as of the arrestee and relatives of the arrestee, as part of the underwriting procedure for the bond.

By involving the family and friends, as well as through the acceptance of collateral, the bail agent can be reasonably assured that an individual released on surety bond will appear at each and every one of his or her appointed court dates as required until the case is adjudicated or finished.

After this procedure is concluded, if an agreement is reached, the bail agent posts a bond for the amount of the bail to guarantee the arrestee's return to court.

With his money on the line, a bail agent has a financial interest in supervising bailees, and ensuring that they appear at all appointed court hearings.  If a defendant "skips" the bail agent has time and the financial incentives to find him or her and bring them in.  Significantly, commercial bail bond agents profit only when the defendant shows up for all court hearings.  Judges acknowledge that bail agents have highly efficient methods to get defendants to Court.

OWN RECOGNANCE (O.R.)

Another method of release pending trial is through a county or law enforcement administered pre-trial release program.  Usually, the staff members of these programs interview individuals in custody and make recommendations to the court regarding release of these individuals on their own recognance (i.e., without any financial security to insure the interviewee's return to court).

The interview process is often conducted over the telephone, with little inquiry to the individual's background to determine whether the detainee is likely to appear in court and with virtually no verification of information provided by the detainee.  Since no money or bond is posted to secure the detainee's appearance in court, he or she faces no personal economic hardship from his or her conscious failure to appear or FTA.
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