County Bail Bonds - Frequently Asked Questions
|What is a Bail Bond?
A monetary guarantee filed with the court whereby a
defendant is temporarily placed in the custody of the
posting Bail Agency. Further, the bail agency promises the
court the defendant will appear each and every
time they are ordered to do so while their case is pending.
Click here to see how bail works.
Is a defendant released on bail really in the custody of
the posting Bail Agency?
Yes, when a Bail Agency post a Bail Bond with the Jail
or Court, the Bail Agency is taking responsibility
for the defendant to appear at all future court dates. For
example, if a defendant does not follow the terms
and conditions of the Bail Agency, then he/she risk being
returned to jail! Hamilton County Bail Bonds
provides the comforts of not being in a jail cell. However,
if a defendant fails to communicate or check in
as required then he/she may be returned to jail.
How come some agencies state 0% down?
This may be misleading since a company would go out of
business writing free bail. However, there are
companies who will take a lien on your house and require
monthly payments to cover the bail premium. If
your financial situation requires a 0% program then be sure
to make the monthly payments on time to
cover the bail premium (not bail amount) owed to the bail
agency or else your loved one (the defendant)
will be returned to jail and you will still owe the premium
plus costs such as fugitive recovery agent fees
and court fees.
Do I need collateral?
Every case is different. However, we enjoy bringing
families together and with high bail amounts collateral
is necessary. If you have questions, don't be afraid to call
What can I put up for collateral?
Anything of resale value! However, if you're a homeowner
then a signature may be all that's needed or a
lien will be placed on your home based on the bond amount
and the required equity (Market Value vs.
what's owed on the home).
How do I determine equity for a home?
Recent sale amounts for homes similar to yours. For
example, if you currently owe $375,000.00 on your
home and the homes in your area are being sold for
$475,000.00, then you have $100,000.00 equity.
However, it really depends on the condition of your home and
the current market. If you have questions
don't be afraid to call us!
What if the person I bail out does not appear?
The court will issue a warrant for the arrest of the
defendant. In addition, a notice will be sent to us
regarding the failure to appear. However, we will be happy
to assist you in either reinstating the bail with
the court or surrendering the defendant back to custody.
What if the person I bail out gets re-arrested in a
different county or state?
Call us immediately so we can make sure you are
protected. Communication is very important.
What if the person I bail out refuses to go to court?
What will it cost?
Call us immediately and we'll make arrangements for him
or her to be safely returned to jail. The cost of
returning a defendant to jail depends where the defendant is
located. For example, if the defendant is
cooperative then the cost is as low as $350 to $500.
However, if the defendant refuses to cooperate
then it will cost an additional 10% of the Bond ($5,000 for
a $50,000 bond) or 20% of the bond
amount if out of state ($10,000 for a $50,000 bond) plus
costs incurred by our fugitive recovery agents.
If you have doubts about the person you are helping then
don't sign for a bond! You're better off taking
a nice vacation or donating to the Red Cross!
Are there any additional legal fees?
In the event of a forfeiture (when the defendant failed
or refused to appear in court as required) there will
be court costs. The worst being a Summary Judgement where
the defendant cannot be located and you
have to pay the entire bond amount. If the defendant failed
to appear due to a valid excuse, then the bond
can be reinstated. Court fees vary from $75 and up. If a
motion has to be filed to vacate the forfeiture
then you will be liable to pay for all legal fees.
Once the bond has been posted at the jail, how long until
the defendant will be released?
Release times vary from City Police Departments, Jail
facilities, and County Detention Centers. For
example, a small police department may release a defendant
within 10 minutes to hour. A County
Detention Center may take up to 6 to 8 hrs. Most of the time
Hamilton County Jail releases
defendants within 30 minutes to 2 hrs.
Should I get an attorney to request a bail reduction?
If a case has been filed at the court by the District
Attorney's office and the bail amount is high, then you
may want to seek the advice of an attorney regarding
possible bail reduction. However, a bail reduction
hearing cannot occur until there is an official case filed
by the District Attorney. When a defendant is
booked into Jail and held on new charges, the district
attorney has 48 court hours to file an official
complaint or else the defendant must be released. This does
not mean a case will not be filed at a later
time. For example, if a defendant is arrested on a
Wednesday, then the District Attorney has until
Friday to file a case and officially charge the defendant in
a court of law. If a defendant is arrested on a
Thursday then he/she could be held until Monday or Tuesday.
Please remember this does not mean a
case will not be filed upon release by bail bond or
according to the 48 hour rule. Once a case has been
filed by the D.A., the bail could remain, be lowered, or be
increased. Once the defendant goes to court
he/she could be released without posting a bond. Bail
Reduction is not so simple as some attorneys claim.
The Jailor cannot reduce the bail without a court order
signed by a judge. The bottom line is if a
defendant is arrested on a Wednesday and does not have a
court case number by Thursday, then Bail
Reduction by Friday is very unlikely because the defendant
will either be released under the 48 hour rule
or the DA will file a case on Friday and the Defendant will
have to wait for a the arraignment the
following week for possible bail reduction or have someone
post bail for him/her to be released from
custody. If the District Attorney files a case on Thursday,
then an Attorney can request a Bail Reduction
at the arraignment, which would be the following day
(Friday). Bail Reduction is possible by Friday if a
case has been filed by Thursday. There are no guarantees the
court will grant reductions, but if the
defendant has no priors then the court may grant a request.
Remember justice is blind!
What if a person has a Warrant?
In most case we can clear warrants with the court and
set a new court date. However, each case is
different. Call and ask for assistance.
Why Should I use Hamilton County Bail Bonds?
We handle all the above situations in a professional
manner. We are only 1/10th of a mile from the
Hamilton County Jail, and we have over 50 years of
experience in the bail bond business. Our surety
bail bond rates are the lowest rates allowed by the state of
Indiana. We will try to assist you and
answer your questions when needing a bail bond. If we cannot
help you, then we'll point you in the
right direction. We enjoy bringing families together!