The defendant, or the person that is in jail, is required to post bail before he is released from jail. A judge of the county of apprehension sets the amount of the bond. The bond is designed to guarantee the appearance of a defendant in court at the appointed time.
Before posting the bond, a friend or relative of the defendant is contacted to serve as a guarantor on the bond. When posting bonds through a bonding company, a co-signer or indemnitor is required.
The defendant will be released after the bail agent posts the bond. However, release times vary from jail to jail. It usually takes anywhere from 30 minutes to 8 hours to be released.
Posting bail through a bonding company, or surety bond is the most popular form of release. This process involves a contractual undertaking between the Sheriff of the respective county and an admitted bonding company having adequate assets to satisfy the face value of the bond. The bonding company guarantees to the court that they will pay the total amount of the bond if a defendant fails to appear in court.
The bonding company can be reasonably assured that the defendant released on a surety bond will appear in court by involving the friends and family of the defendant. Soon after a friend or a family member of the defendant has co-signed for the defendant, the bail agent will sign the defendant’s bond.
Collateral is anything of value. It is used to financially secure a bail bond.
Cash or property is the most common form of collateral. However, under some circumstances, jewelry, cars, and boats are accepted as collateral.
Collateral is normally returned 15 to 20 business days after the defendant’s case is completely settled and the entire premium is paid in full. We must have a disposition signed by the judge before any collateral is released.
The co-signer acts as a financial guarantor and obligates himself to ensure the defendant’s appearance in court. If the defendant fails to appear in court, the co-signer is obligated to turn the defendant into the bonding company to be surrendered. If the defendant has absconded, the co-signer is obligated to remit the full amount of the bond to the bonding company, which in turn pays it to the courts.