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FAQ
Q. What is a Bail Bond?
A.
A Bail Bond is a three-party contract between the Courts, the Bondsman, and the Indemnitor ( also
called a Co-signer or Guarantor). It is the Bondsman that guarantees to the Court that the accused -
when released - will be present for each and every court appearance in the future. In turn, the
Indemnitor guarantees to the Bondsman that he/she will make sure the Defendant goes to Court when required.
For this "Bond Contract", the Bondsman charges a percentage of the total bond.
Q. What are the release options when someone is arrested?
A.
There are basically 5 forms of release options today. They are:
Surety Bond
This process involves a contractual undertaking such as the one explained above involving a
Bail Bondsman, an Indemnitor , and the Court. The Courts tend to favor this form of release because it
guarantees that if the defendant fails to appear in court, someone (the Bail Agent) will immediately make an
effort to find the defendant, apprehend him/her, and bring him/her back to the court of proper jurisdiction.
By involving family and friends of the defendant, a Bail Bondsman and the Courts are reasonably assured
of the Defendants appearance.
Cash Bail
Cash Bail means that the person who is trying to obtain the release of the defendant must deliver
the full amount of the bail in cash to the District Justice or the Clerk of Courts.
Property Bond
Property Bonds involve the placing of local real estate (homes only, no raw land or out of state homes)
with the Courts as security for the release of the defendant. This process typically takes one to two weeks
because it requires a Judge's approval, a property appraisal, and proof of any and all mortgages or
liens against the property. However, some counties do not accept Property Bonds.
R.O.R.
Release on Own Recognizance is another method of release and it is given to Defendant's who have been in the community for many years, have solid jobs, strong family ties, and present little or no risk of flight. This release program is usually administered by a county agency or through a local law enforcement agency. A criminal history background check is performed and a recommendation is given to the Court based on those findings. This form of release is common only for the first time offenders and for non-violent offenses. Since there is no financial or other security placed with the court to insure the defendant's return to court, there is little incentive for them to appear.
ELMO and Pre-Trial Services
E.L.M.O. stands for ELectronic MOnitor, and is usually a condition of release in addition to a regular Bail Bond. The ELMO program is administered either by the local Pre-Trial Services Agency or the local law enforcement agency. This device is usually in the form of an ankle bracelet. It sets off an alarm if a person strays too far from it's base located within the Defendants home.
Q. How much does a Bond cost?
A.
In Pennsylvania and many other states, Bail Bonds usually cost between 5% and 10%. Higher in some
states due to assessment fees and other fees. Federal and Immigration Bonds are available upon request. Cost
varies on a case by case basis. A cash or property collateral may be required.
Q. Is the premium (the Bail Bond fee) refundable?
A.
No. The Bail Bond fee is fully earned once the bond is posted for the Defendant and
he/she is released or transported to another facility.
Q. What is collateral?
A.
Collateral is anything of value that is placed with Harvey Bail Bonds as security for the bond.
Q. What can be used for collateral?
A.
Collateral can be your home, rental property, land cash, bank CD's, stocks, bonds,
credit cards, boats, airplanes, helicopters, motorcycles, expensive cars and other high-priced items such
as DVD players, computers and other quality electronics may be considered. A car on
which you have a loan in which the lender holds the title and you make payments is not
collateral because a lender has a lien on the vehicle.
Q. When is the collateral returned?
A.
Upon Completion of the court case. This happens when:
1. The charges are dropped.
2. The person is found innocent at trial.
3. The person is sentenced at trial and returned to prison.
Of course, the collateral will only be returned if there is no outstanding balance due on
the Premium. The Bail Bond Agent has a fiduciary (formal legal) responsibility to safeguard all collateral.
Q. How long does it take for him/her to get released from jail?
A.
That really depends on where the person is being held. Some jurisdictions take
an hour or so, and other jurisdictions like the county jails run by the
local District Justice offices can take 2-8 hours, but can take as long as 12-24 hours.
No matter how long it takes, Harvey Bail Bonds will be monitoring the process to insure an expeditious release.
Q. How do I know when the Defendant has to go to Court?
A.
All courts notify the defendant by mail of their court dates. As a courtesy,
most jurisdictions also notify the Bail Agent of the court dates, too. This is done
either by mail or by phone. In almost all cases, the courts will notify the defendant at least
several days before the court date. It is your responsibility to make sure that you and
the defendant know about the court date.
Q. Can I finance part of the Bail Bond fee?
A.
Yes. Depending on your circumstances, we will review, with you, your particular case
and decide how we can best make payment arrangements.
Q. Can a Bail be Revoked?
A.
Absolutely. The Defendants Bail may be Revoked/Terminated at any time during his/her contract for the following reasons.
1. Failure to appear for any/all court proceedings.
2. Violation of any/all Bail Conditions set by the District Justice, Court, or Bondsman.
3. Defendant has acquired new charges.
4. At the written request of the Indemnitor/signer
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