Blog

Types of Bail Bond Collateral

Types of Bail Bond CollateralWhen thinking about a bail bond, most people immediately think of money. Currency is certainly a good option for posting bail, but if someone is short on cash, there are other options. Sometimes, you can offer collateral directly to the courts, while other times you may need to work with a bond company. Bond companies charge a fee. But if you can’t afford this fee, you can possibly set up a payment plan, and the collateral can be used as backup. Here are some of the most common forms of collateral used for bail bonds.

Vehicles

Courts will not take a vehicle title to use as collateral for bail, but most bond agents will accept them as collateral for a bond. The value of most used cars will cover the amount for bonds for most nonviolent crimes. Because of this, vehicles are one of the most common forms of collateral used through a bond agent.

Real Estate

In most cases, real estate can be used both in the courts and with a bail bond company for collateral. The property must be registered with the state, and the amount the property is worth must satisfy the cash amount set for bail. If you are posting bail for someone else, offer up your real estate with caution. If the defendant does not show up for their court date, the property will be forfeited to the state or the bond company to satisfy the bail.

Hard Currency

Precious metals such as gold, silver, and platinum will be accepted by many bond companies. These metals hold value, so you don’t need stamped coins. If you have some of these metals in your home, it’s worth asking your bond agent if they might be accepted.

Firearms

Firearms generally hold their value very well. They are a great option for bonds that are not too high. Talk to your bondsman to see if they will accept firearms as collateral.

Stocks

Both retirement accounts and stocks can be used as collateral. If you play the market, you can offer your assets to the bonds agent.

Jewelry

Jewelry can be valuable, and it can serve as collateral in a pinch. You will need to get an appraisal, but it can work.

It’s important to secure bail. Anyone left in jail could worsen their care. Plus, jail is unpleasant, and it’s best to get out as soon as possible. If you have collateral, it can help to persuade a bond agent to post a more risky bond. If you have questions about bond collateral, contact us at Atlantic Bail Bonds today. You can reach us at [phone] or contact us online.

What Is a Property Bond?

What Is a Property BondGenerally, cash is used to pay bail, but in some cases, property can be used to bail a person out of jail. A bail bond agency charges 10% of the premium payment, so those who do not have sufficient funds available may not be able to pay that amount. When that is the case, individuals can consider a property bond if they own property.

What Is a Property Bond?

When using a property bond, the bond amount is guaranteed by the equity of owned real estate in the same state. Usually, a minimum equity of 1.5–2 times the amount of bail is required. This equity can come from a personal residence, a commercial property, or a vacation home.

When a property bond is used, a lien against the property for the amount of the bail is secured by the court. If the person does not show up for their court date(s), the court gains ownership of the property. This may send the property into foreclosure. If this occurs, the court will collect the bail amount after the foreclosure proceeding. If this amount is not enough to cover the entire bail amount, the court will go after the accused individual to recover the additional amount.

How Are Property Bonds Obtained?

A bail bond agent can assist you in getting a property bond. The process involves several steps, which include:

  1. Verifying the value of the property through paperwork that confirms the value, an assessment, or an appraiser appointed by the court. Acceptable paperwork could be mortgage paperwork, title history, the property’s deed, declarations made on tax documents, or a list of current lien holders.
  2. Once the equity is determined, the court will proceed with the paperwork if the amount to finance the bond is available.
  3. This paperwork will be presented to the judge, who will consider the bail release.

Additional Considerations for Property Bonds

More than one person may be listed on the tax statement or warranty deed of a property. If this is the case, each owner must sign a statement agreeing that they authorize the property to be used to finance a bond.

At the end of the proceedings, either when the case is closed or the individual has been found guilty or innocent, the lien on the property will be released by the court. This happens no matter the outcome of the hearing, as long as the accused shows up for all court dates.

If you would like more information about property bonds, contact our Atlantic Bail Bonds team today. When you or a loved one needs to get out of jail in West Palm Beach, we can help.

Difference Between a Cash and Surety Bond

Difference Between a Cash and Surety BondCash bonds and surety bonds are not one and the same. Though many people assume all bonds are fairly similar, the truth is that there are substantive differences between each type. Let’s take a look at how cash bonds differ from surety bonds.

Cash Bonds

Cash bonds are paid in cash to the judicial system. The payment of a cash bond bails the individual in question out of jail. However, this payment will likely be retained by the court unless the defendant returns to court on the scheduled date and time. Cash bonds are typically paid in person or on the web through actual tangible cash, a credit card, or a debit card.

Surety Bonds

Surety bonds are a bit more complicated than those of the cash variety. Three separate parties are involved in obtaining a surety bond. A family member or friend of the charged party can help pay the surety bond. This individual usually helps to coordinate the surety bond arrangements. The bail bonds specialist and surety bond company are also involved. The bondsman covers the cost of the bond on behalf of the charged party in order to free that individual until the scheduled trial or hearing date. The surety business and bail bondsman work with one another to obtain the funds necessary to post bail on behalf of the jailed individual.

Similar to cash bonds, surety bonds provide the court with reassurance that the jailed individual will honor his or her commitment to return to jail. However, the manner in which this money is provided to the court is not the same with each type of bond. Instead of paying the entirety of the bond in cash, the surety bond requires that the individual cover a percentage of the bail in cash, typically around 10%.

The remainder of the bond is guaranteed through collateral. This collateral can take the shape of real estate property deeds, jewelry, or other items of value. The bail bondsman and surety company obtain the remainder of the money. The surety company covers the additional funds necessary to secure the freedom of the defendant. This option is beneficial to the jailed party as he or she only pays a small percentage of the money necessary to obtain release from jail.

Atlantic Bail Bonding Is on Your Side

Our bail bonding professionals are here to help after you are arrested. Contact us right away for assistance, and we will do everything in our power to restore your freedom as quickly as possible. You can contact Atlantic Bail Bonding by phone at [phone].

What Does Bail Mean?

What Does Bail MeanChances are you have heard or read about bail, yet you might not understand what this word truly means in the context of the law. Bail is an essential component of restoring an individual’s freedom and quality of life after being charged with a crime and jailed. Every United States citizen, regardless of his or her age or other demographics, should have a thorough understanding of bail.

Breaking Down Bail in Layman’s Terms

If you were to ask an attorney or judge to explain bail, you would likely be inundated with legalese you do not fully understand. Atlantic Bail Bonds is here to explain bail to you in plain English. Bail refers to the security, meaning a store of value such as cash or bond, provided to the court to temporarily release the defendant from jail. Bail is typically paid through a bail bonding specialist such as Atlantic Bail Bonds. Some people also use bail in verb form as it is sometimes used to refer to the physical activity of bailing out the defendant.

Bail as Recognized by the Court

If bail is paid in full, the court will release the defendant back into society, albeit with restrictions. One of those requirements is that the defendant return to court at a specific date and time. Failure to return to court on the specified date results in the forfeiture of bail money. The purpose of courts setting bail at thousands or even tens of thousands of dollars is to ensure the defendant doesn’t leave the area.

The Bail Process

Posting bail isn’t nearly as complicated as many assume. Posting a bail bond usually requires the assistance of a bail bond specialist. In fact, the bail process is a contractual undertaking involving the defendant, the bail agent, and the court presiding over the case. The defendant pays a percentage of the amount of bail to the bail bond service as a fee for covering the cost of bail. In many cases, a family member of the defendant will cosign so the bail bond is guaranteed. In some situations, collateral in the form of jewelry, a car, or another item of value will be necessary to free the defendant until his or her scheduled court hearing. This collateral provides reassurance that the defendant will return to court. Failure to return to court results in the forfeiture of the collateral.

Atlantic Bail Bonds Is at Your Service

If you, a friend, or a family member is jailed, don’t lose hope. Be proactive by reaching out to Atlantic Bail Bonds at 561-659-0525. We will do everything in our power to bail you out of jail and restore your freedom through our Palm Beach bail services. You can also reach us online by completing the contact form at the bottom of this page.

How to Bail Someone Out of Jail

How to Bail Someone Out of JailIt’s never good news to hear that someone you care about is in jail. Still, when that happens, you need to know what to do. Most of the time, the first step is bailing them out of jail. If you don’t know how to do that, these steps will show you the way.

Get the Key Details

Before you can post bail, you need to know some key details about the person and their situation. First and foremost, you need to know where they are being held. You also need to know how much the bail is and the specific charges being filed.

You will also need information about the person, including their exact legal name and their birth date.

Sometimes, when bailing out a friend, you might not know all of this. If no other methods are available, you can go to the jail and arrange a visit to get the information you need.

Acquire the Funds

Once you have the pertinent information, you need to acquire enough money to pay the bail. If you have the cash on hand, you can go straight to the next step. If not, you need to get your hands on more money.

The most common way to do this is through a bond agent. Bail bonds are kind of like loans to cover bail, but they’re a little different. The gist is that you will pay a fee, and the bond agent will post bail. Keep in mind that if the defendant misses a mandatory court appearance, the bond agent will be fined the full amount of the bail. They will then be legally empowered to charge you and/or the defendant that full amount — in addition to the fee you already paid.

Aside from a bond, there are other ways to raise funds. You can reach out to charities or do your own fundraising. These methods can work, but they are usually slower than going through a bond agent, and they can be unreliable.

Pay the Bail

When you have the money, you have to pay it to the courts to secure release for your loved one. Usually, this can be done at the jail where they are being held. This is often the best choice because you can pick them up immediately. If you are at all unsure, you can call the jail or the court and get specific directions on how to post bail.

If you work with a bond agent, they will handle payment, and you can just pick up your loved one. Regardless, once the bail is paid, they will be released to you.

When it comes to posting bail near West Palm Beach, Atlantic Bail Bonding is here to help. We’re available 24/7, so we can help you secure a fast release. Contact us at any time.

How Is Bail Amount Determined?

How Is Bail Amount DeterminedWhen someone is arrested and incarcerated for a crime in the state of Florida, that person may be able to obtain a conditional release from jail by posting bail. But it’s important to note that not every defendant qualifies for bail. Typically, those who do qualify have their bail amount set within 24–72 hours of the arrest, or in some circumstances, they must request a bond hearing to obtain a bail amount.

Regardless of the method by which the court sets bail, the dollar amount of the defendant’s bail is related to the type and severity of the alleged crime. Read on to learn how the court decides whether defendants qualify for bail and how the judge determines each person’s bail amount.

Who Qualifies for Bail?

The court determines whether a defendant qualifies for bail based on their previous criminal history and the severity and nature of the person’s alleged crime. If the defendant has a history of criminal activity or is accused of committing a particularly violent or impactful crime, he or she may not be granted bail.

Other common reasons a defendant may be denied bail include:

  • The individual has been incarcerated previously and has a history of skipping court dates.
  • The court has received information from a credible source that the defendant won’t appear in court if granted bail.
  • The defendant is a serious flight risk.

Determining a Person’s Bail Amount: Factors the Court Considers

If the court determines that a defendant is eligible for bail, the judge will look at a variety of factors to figure out what an appropriate bail amount should be. These factors include:

  • Bail schedules. Standardized bail schedules correlate common crimes with predetermined bail amounts, and these schedules vary by jurisdiction. Under some circumstances, bail may already be set according to the bail schedule before the defendant even goes through the booking process.
  • Criminal history. If a defendant has a history of criminal activity, he or she may be issued a higher bail amount than someone who has never been accused of a crime.
  • Validity and amount of available evidence. If the court has ample and verifiable evidence that could result in the defendant’s conviction for the alleged charge, the judge will likely set bail higher than if there wasn’t a large collection of evidence.
  • Seriousness of the alleged criminal act. The severity of the alleged criminal act is the greatest determining factor when a judge sets bail. If the alleged crime was minor, the defendant will likely be issued a much lower bail amount than if the alleged crime was violent or otherwise severe.
  • Potential flight risk. If the defendant has no family ties or ties to the community, the court may assume the individual is a flight risk. Other factors play into this determination as well, but the main point here is that anyone determined to be a flight risk may be issued a high bail amount or may not get bail at all.
  • Public or personal safety risk. If the court determines the defendant is a risk to the public or to themselves, the court may set a correspondingly high bail amount to make it difficult for the person to post bail. If the individual poses a serious safety risk, he or she may be denied bail and must remain in jail until the closure of the case.

Need a Bail Bond in South Florida? Atlantic Bail Bonding Is at Your Service

If you need to secure a bail bond to bail a friend or loved one out of jail, our team at Atlantic Bail Bonding is here for you. We provide 24-hour bail bond service in Miami-Dade, Palm Beach, Broward, and Monroe Counties, and we’ve proudly served South Florida for over 30 years. To get started, call us today at (561) 659-0525.

What Is an Indemnitor?

What Is an IndemnitorAn indemnitor is the individual who cosigns a bail bond. This cosigning is done in support of the defendant who is charged with a crime. Cosigning for a bail bond has significance in the context of the law as it makes the person legally and also financially responsible for ensuring the defendant shows up to court appearances and adheres to the directions of the court. Let’s take a closer look at what being an indemnitor really means.

The Role of the Indemnitor in the Context of Bail

As an indemnitor, you agree to take full responsibility for the bond’s face amount should the defendant not appear at his or her court hearing as scheduled. This financial responsibility entails the full premium along with additional fees tied to the bond. Also known as a cosigner, an indemnitor clearly takes on financial risk. There might even be collateral provided to obtain the bond in the first place. This means the indemnitor’s risk has the potential to extend to items of value such as a vehicle title or a property deed. However, as long as the defendant shows up to court and the case is completed, the indemnitor has fulfilled his or her responsibility, and the risk is eliminated.

Why the Indemnitor Is So Important

The indemnitor plays an important part in helping a family member or friend get out of jail. This cosigner of the bail bond essentially provides both a financial and legal guarantee that the defendant will show up to court. The indemnitor’s paying of the bondsman’s fee or putting forth valuable collateral sets the stage for the relative or friend to be freed from jail. In other words, the indemnitor ultimately determines if the defendant will be freed.

Keep in mind, some people charged with a crime cannot afford to pay the entirety of their bail or provide collateral to cover bail on their own. Consider being an indemnitor for your family member or friend who ends up in jail, and he or she will be indebted to you for years to come. As long as you are confident signing on behalf of the individual in question and believe that person will show up to court, you will have little risk in being his or her indemnitor.

Atlantic Bail Bonding Is at Your Service

We are happy to lend a helping hand during your time of need. If you are jailed or if one of your loved ones is jailed around West Palm Beach, contact us for assistance. We will bail you out of jail and restore your freedom. You can reach Atlantic Bail Bonding by dialing 561-659-0525.

How to Post Bail

How to Post BailBeing arrested and put in jail can be a traumatic experience, especially if you are innocent. Thankfully, you won’t have to spend much time in jail if you post bail. Atlantic Bail Bonds is here to help you post bail and get out of jail as quickly as possible. However, if you are like most people, you don’t understand what the bail-posting process entails. Here is a quick look at how to post bail and why it is in your interest to do so.

The Basics of Posting Bail

Posting bail means paying the bail amount in full. Ideally, this money will be paid as soon as possible so you can leave the cramped jail cell and return to life as usual. The Eighth Amendment guarantees your bail will not be excessive. The point of posting bail is to ensure you show up at court for your court hearing as scheduled. If you are financially destitute, make the judge aware of your financial troubles, and he or she just might reduce your bail amount to a figure that makes it that much easier to get out of jail. However, the judge probably won’t simply release you on your own recognizance without paying a penny, meaning you will need the assistance of Atlantic Bail Bonds to post bail.

How We Facilitate Posting Bail

A bail bond is similar to a check provided to another party with an accompanying request that it not be cashed until you give the go-ahead. The purchase price of the bond is typically around 10% of the total value. This means that if bail is set at $10,000, you will be expected to pay $1,000 to purchase the bail bond. However, bail might be set at a couple thousand dollars or even less. Posting bail is completed by paying cash, writing a check, signing over the ownership rights to real property, or providing a bond for the bail amount in full. Atlantic Bail Bonds is here to help you purchase a bail bond to get out of jail and get back to work, college, caring for your kids, or whatever else you typically do.

Our bail bondsman secures the difference between the money you pay to purchase the bail bond and the rest of the bail as determined by the judge. The bail bondsman accomplishes this through collateral, typically in the form of a car, motorcycle, house, or other real property. If you do not have enough collateral to make up the difference, your family members or friends can help to cover the amount. The next step is to post bail, which triggers your release from jail.

Are you looking for a way out of jail after an arrest? If you, a loved one, or a friend has been arrested, don’t wait another minute. Be proactive by asking for help from our professional bail bondsman. Contact us today by dialing 561-659-0525 or by completing our contact form to learn more about our services and obtain assistance.

What Happens If the Defendant Gets Rearrested While Out on Bond?

What Happens If the Defendant Gets Rearrested While Out on BondWhen you bond someone out, you’re essentially promising that they are going to make their court date. Otherwise, you (and they) will become responsible for the full amount of the bail. But there are situations that can prevent someone from attending court. One is getting rearrested.

What Happens When Someone Gets Rearrested?

First, it’s important to understand that not all jail systems “talk” to each other. You can’t assume that the jail that arrested your friend or family member “knows” that they have a court date. You also can’t assume that the court will be aware they are in jail. When someone gets rearrested, it takes time to process them. If they are in another county, it may be a significant amount of time before any data can be shared.

Consequently, you need to take it upon yourself to make sure that their requirements are met as well as they can be.

What Should You Do If the Defendant Gets Rearrested?

The first thing you should do is talk to your bondsman. Your bondsman is an important connection at this time. They need to know that the bail is at risk because they can help you mitigate any damages. From there, you can connect with the court and tell them that the defendant cannot make it because they are in jail. The court will need to verify this.

For the most part, the process should be simple. The court will either alter the defendant’s court date or make sure that they attend the court date when they are in jail. You aren’t going to lose your bail bond because the defendant is in jail as long as you have notified the proper authorities.

Can the Defendant Be Bailed Out Again?

As with the prior arrest, the defendant will need to undergo a bail hearing. At this time, a judge may not allow the defendant bail because they may suspect the defendant is going to continue to commit crimes. If the judge does allow bail, the process for bailing out the defendant is going to be the same, but now there will be multiple court dates to attend and track. You may need to put up collateral for the bond if the bonds have accumulated to a significant amount.

Life is unexpected. A lot of things can happen that you don’t anticipate, especially if you’re a friend or family member who bailed out a defendant. Communication is incredibly important.

Getting a bail bond doesn’t have to be complicated. Contact Atlantic Bail Bonds if you have any questions.

Considering Cosigning a Bail Bond? What You Need to Know

Considering Cosigning a Bail BondIf you get a call from jail and a friend or family member has been arrested, you may be asked to cosign for a bail bond. If you want to help your loved one get out of jail, you can do so. But cosigning a bail bond has long-term responsibilities and financial obligations. Make sure you know what you’re getting into before you sign on the dotted line.

What Cosigning a Bail Bond Means

When you cosign a bail bond, your name is added to the jailed friend’s name on a legal document. This document says the accused will be released from jail until the charges can be decided on by a judge. By cosigning a bail bond, you become financially obligated to pay the full amount of the bond if the accused individual does not appear in a court of law.

Cosigning a bail bond often involves putting up property, such as a vehicle, a home, or cash, up as collateral. The logic in requiring collateral is to ensure the bail bondsman is provided with the money they pledged to the court through a surety bond. If the accused party flees and cannot be located then taken to court within a specific period of time, the cosigner is required to pay the full bond or surrender property pledged to the company that provided the bail bond.

Cosigners Have Rights

Contrary to popular opinion, cosigners have rights. If it is believed the accused party will not appear in a court of law, the cosigner can reach out to the bondsman and request that the bond be withdrawn. If the bondsman agrees, they will have the accused party picked up and brought back to jail.

Furthermore, the cosigner is also empowered to request specific stipulations prior to cosigning. As an example, it can be required that the accused party attend a program for drug treatment. Other cosigners request that the accused party undergo a mental health evaluation.

What If the Accused Party Flees?

If the accused party flees, or if they do not go to court, the cosigner is not left powerless. Rather, this individual can reach out to the bail bond company to notify them of the accused party’s location so they can be returned to jail.

The Requirements for Cosigning

Not everyone can cosign a bail bond. The cosigner must show proof of:

  • United States citizenship
  • residency
  • sufficient credit
  • stable employment

Your particular area may have more requirements, but you’ll need to show that you can and will pay for the bond.

Atlantic Bail Bonding is on Your Side

If you or a loved one has been arrested, you need the best bail bond service around. We are that service. Atlantic Bail Bonding has served Broward, Miami-Dade, West Palm Beach, and Monroe, FL counties for over 30 years. We are experts in Florida criminal laws. Our team works quickly and genuinely cares about our clients. Reach out to us, and one of our licensed agents will expedite your release from jail. Contact us online or by phone at 561-659-0525.