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Information Obtained From Washington State Department of
Licensing Website
http://www.dol.wa.gov/ppu/bbfront.htm
When is
a bail bond needed?
When a
person is arrested on a criminal charge they may be held
for trial, unless they furnish the required bail as
ordered by the court. A bail bond includes any contract
guaranteeing the attendance in court of any person
arrested or confined due to an actual or alleged
violation of the law.
How to
bail a person (the defendant) out of jail:
Depending on your relationship to the defendant, it is
important to understand that you may be very worried and
under stress because of the arrest. Take the time to
fully understand the bail bond contract and know your
rights. Understand what you are promising.
There are two different types of suppliers of bail
bonds. One is if you have cash for the full bail amount,
you can go directly to the court and pay the court
clerk. In this case, the defendant gets all the money
back if they appear as promised to the court hearing(s),
unless the court at the time of setting the bond states
that part of the cash can be applied to legal financial
obligations, then the cash can be so applied.
The other option and most commonly done is to contact a
bail bond agency. Bail bond agencies charge a fee for
their services. Only a person holding a bail bond agent
license issued by Washington State Department of
Licensing may sell or negotiate a bail bond. You have a
right to ask to see the agent’s license. Your local
telephone book may have bail bond agencies advertised.
When shopping the telephone book yellow pages be sure to
look for bail bond agencies that have their license
number and street address in their advertisements.
What
does the bail agent do for the consumer?
1. Arrange for the defendant to be out of custody until
his/her appearance in court until the matter is
resolved.
2. Upon
release from jail, provide the defendant the details of
the bail bond transaction, etc. as required by the
Department of Licensing regulations.
3. See
that the defendant makes the required court appearances.
4. Assist
in the location of the defendant should he/she fail to
appear for a court date.
5. Appear
before the court regarding the bail bond when necessary.
6.Hold any
collateral in a trustworthy capacity as required by law
and return it within five business days after
exoneration of the bond by the court.
The bail agreement/contract is important to understand
before you agree to be the
indemnitor.
When a bail bond is issued, the defendant agrees to
appear in court at the designated time and date. Part of
your obligation as the
indemnitor,
as well as the defendant’s obligation, is to keep the
bail agent advised of any changes in the defendant's
contact, address or employment information until the
bail bond has been exonerated.
What
happens if the defendant fails to appear in court as
required?
If the
defendant fails to appear at the court appointment, the
bond amount becomes payable and is forfeited as a
penalty. You as the
indemnitor
may lose your collateral in addition to reimbursement of
reasonable and necessary expenses incurred by the bail
agent caused by a breach of bail agreement. These would
include travel expenses, guard fees, telephone calls and
associated costs necessary to have the person
re-arrested for failing to appear, as required, in
court. It is very important that consumers read and
fully understand their responsibilities set forth in the
bond agreement including forfeiture of the bond amount
and reimbursement of associated costs. This is
particularly true when title to real property has been
provided as collateral. You may find yourself in a
position where your car or home is taken from you.
In
addition, in case of a defendant’s failure to appear,
the bail bond agency may use the services of bail
enforcement agents who by law have the authority to
enter your home or place of business WITHOUT a search
warrant in search of the fugitive (defendant).
You are entitled to a copy of the signed
agreement/contract.
The bail bond agreement runs for the life of the case
that is being bonded. The premium is normally paid at
the time the agreement is signed and each anniversary of
the bond. The premium is not refundable and is fully
earned regardless of the outcome of the case.
Disclaimer: Because the court offers many variables
based on the individual arrested this summary of how
bail works does not include everything that could
happen.
If you have a complaint please send us your complaint in
writing to the Department of Licensing, Bail Bond
Agents, PO Box 9649, Olympia WA 98507-9649. Please send
photocopies of original documents.
Call Now For A Free Consultation
1-800-201-1208
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