Port Angeles: Port Angeles, Washington Bail Bond Information and FAQ's

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 3

Port Angeles

Port Angeles Bail Bonds Washington. Serving the city of Port Angeles and surrounding areas 24 hours 7 Days
a week. To speak with a licensed bail bondsman call our toll free number 1-800-824-6614 and one of our
professional agents will assist you and answer any questions you have regarding bail bonds in Port Angeles
and surrounding areas.

Port Angeles, Washington Bail Bond Information and FAQ’s:

1. How does the bail process work?


2. What is Bail?
3. What is the purpose of bail?
4. Do I get my money back after the defendant goes to court?
5. What if the person I bail out skips?
6. If the defendant does not appear and the court orders a forfeiture, can it be set
aside if he later appears?
7. If the defendant has skipped town, what must the bail fugitive recovery person be
able to show? Is that person a bounty hunter?
8. What if the underlying criminal charge is dismissed?
9. Can bail be increased?
10. What else may happen when a defendant fails to appear?
11. What is an immigration bond?
12. What is a bail bond indemnitor?

How does the bail process work?


Posting of a bail bond. This process involves a contractual undertaking guaranteed by a bail agent
and the individual posting bail. The bail agent guarantees to the court that the defendant will
appear in court each and every time the judge requires them to.

For this service, the defendant is charged a percentage of the bail amount. Before being released
the defendant or a relative or friend of the defendant, typically contacts a bail bondsman to
arrange for the posting of bail. Prior to the posting of a bail bond, the defendant or a co-signer
must guarantee that they will pay the full amount of bail if the defendant does not appear in court.

Typically, a family member or a close friend of the defendant will post bail and cosign. Collateral is
not always required for a person to be bailed from jail. Often a person can be bailed from jail on
the signature of a friend or family member. Cosigners typically need to be working and either own
or rent a home in the same area for some time.

After an agreement is reached, the bail agent posts a bond for the amount of the bail, to guarantee
the defendant’s return to court.

If the defendant "skips", the cosigner is immediately responsible for the full amount of the bail. If
the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses
the bail enforcement agent incurs while looking for the defendant.

What is Bail?
The term Bail is used in several distinct senses: (1) It may mean the security—cash or bond—given
for the appearance of the prisoner. (2) It may mean the bondsman (i.e., the person who acts as
surety for the defendants appearance, and into whose custody the defendant is released). (3) As a
verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the
most common and should be employed for clarity.

Admission to bail is the order of a competent court that the defendant be discharged from actual
custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance
by the court or magistrate of security—either an undertaking or deposit—for the appearance of the
defendant before a court for some part of the criminal proceeding).

Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The
bond is in the nature of a contract between the state on one side and the defendant and his
sureties on the other. The agreement basically is that the state will release the defendant from
custody the sureties will undertake that the defendant will appear at a specified time and place to
answer the charge made against him. If the defendant fails to appear, the sureties become the
absolute debtor of the state for the amount of the bond.

What is the purpose of bail?


The purpose of bail is to assure the attendance of the defendant, when his or her presence is
required in court, whether before or after conviction. Bail is not a means of punishing a defendant,
nor should there be a suggestion of revenue to the government.

Do I get my money back after the defendant goes to court?


When the bail bond has served its purpose, the surety will be exonerated (i.e., released from the
obligation). Exoneration normally occurs when the proceeding is terminated in some way or on the
return of the defendant to custody. After conviction, the defendant appears for sentence. If
sentenced to imprisonment the defendant is committed to the custody of the sheriff, and the
liability of the surety terminates. You will not receive any money back that you have paid a bail
bondsman.

What if the person I bail out skips?


The surety or depositor may arrest the defendant, or authorize a bail enforcement agent or private
investigator to do so for the purpose of surrendering him into custody to ensure his future
appearance. This extraordinary power of the bail bondsman is of ancient origin. When bail is given,
the principal is regarded as delivered to the custody of his sureties. The following may be
authorized to arrest a bail fugitive: A certified law enforcement officer. A person licensed by the
State to do so (i.e., holding a bail license in another state and authorized in writing by the bail or
depositor to make the arrest). A person contracted and authorized in writing by the bail or
depositor to do so, Bail Recovery Agent, A private Investigator. Persons doing the foregoing have
been called bounty hunters, yet the term does not fit the facts of today’s world, they are acting
under contract.

If the defendant does not appear and the court orders a forfeiture can it be set aside if
he later appears?
A court will sometimes order bail forfeited on the defendant’s nonappearance, then vacate the
forfeiture to reinstate the bail when the defendant appears and offers an explanation for the
absence. Some instances of this would be the nonappearance because of death, illness, or insanity,
or detention by civil or military authorities, and if the absence was not with the connivance of the
bail (acquiescence of the bonding company to the absence). An example of illness would be where
the defendant is confined to bed by reason of a doctor’s order. If a defendant flees and the
prosecuting agency does not seek extradition the bail may be exonerated.

If the defendant has skipped town, what must the bail fugitive recovery person be able
to show? Is that person a bounty hunter?
That he possesses the authority to arrest by virtue of satisfying any licensure requirements a state
may impose upon such a person. Additionally, he or she must have in their possession proper
documentation of authority to apprehend issued by the bail or depositor, which shall include the
name of the individual authorized to apprehend the bail fugitive, the address of the principal office,
the name and business address of the bail agency, or other party contracting with the individual
authorized to apprehend a bail fugitive. In a historical sense they are a bounty hunter as they
generally are contracted to do this and are remunerated for their services by the bail agency or
other contracting party. The bounty hunters of old are not the bail enforcement agents of today.
Some jurisdictions require significant training and licensure of persons engaged in the recovery of
bail absconders.

What if the underlying criminal charge is dismissed?


Statutes provide for exoneration of the surety in the event of dismissal. However, there is usually a
time period within which the prosecuting agency may seek to re-arrest and charge with a public
offense arising out of the same act or omission upon which the action or proceeding was based.
You will not receive any money back from the bail bond company.

When can bail be increased?


After a defendant has been released, the court in which the charge is pending may require him to
give additional bail in an amount specified or to meet an additional condition upon a finding made
in open court that the defendant has failed to appear; or that additional facts have been presented
that were not shown at the time of the original release order, and the court may order him to
commitment unless he or she gives such bail or meets such other conditions.

What else may happen when a defendant fails to appear?


The court may issue a bench warrant for his apprehension and arrest for the failure to appear upon
the underlying charge, which would thus be a separate triable offense, separate and distinct from
the original charge. The appropriate agency will enter each bench warrant issued on a private
surety—bonded felony case into the national warrant system (National Crime Information Center
(NCIC)).

What is an immigration bond?


An immigration bond issued for delivery of an alien guarantees that the individual will appear for all
I.N.S. hearings on time and depart the United States at a specified date.
An immigration bond conditioned for maintenance of an alien, guarantees that the person will be
financially independent during the time he/she is in the United States.

What is a bail bond indemnitor?


A bail bond indemnitor is the co-signer for the bail bond. The indemnitor is responsible for seeing
that all premiums are paid for a defendant’s bail bond.

Bail bonds are normally good for one year. If the case continues for longer than a year, additional
premiums will be due and collected for each year the case goes on.

Bail bond premiums are not refundable, as they are used for the bail agent’s expenses, etc. The
indemnitor is also responsible for additional expenses incurred by the bail agent in the transaction
of a bail bond, such as long distance calls, travel, etc.

An indemnitor is no longer liable for the defendant’s bond when the defendant has completes all of
his/her court appearances, and when all premiums have been paid. It is best to contact the bail
bond company when the bail bond is exonerated by the court, for the expedient return of any
collateral pledged and to confirm that the bond is exonerated.

In the event of forfeiture, the indemnitor is liable until the full amount of the bail has been paid,
plus any expenses incurred, or until the court exonerates the bond. The bond then becomes void.

You might also like