| Hamilton 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 and ask! 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! |