With many thanks to our United States Constitution, every American Citizen has the right to bail. But what happens if you can’t make bail on the full amount demanded by the judge? In this situation (which is more common than not) the person arrested will need to find a local bail bondsman that is licensed, experienced and available 24/7 – 365 days per year.
For those arrested in Aventura (or anywhere in the state of Florida) who are eligible, but have no money for bail, a local bondsman has the ability to put up a bail bond on anyone who has been arrested’s behalf. The bail bond is a document which guarantees the court that he or she (who was arrested) will be sure to appear at the scheduled court date.
When someone is arrested they are taken to jail by law enforcement. Upon arrival to the jail, the person undergoes the ‘booking process’ meaning the person is fingerprinted and mugshots are taken and then they are asked for a statement. After the booking process is completed, if he or she is allowed bail, there is no need to wait to appear for a judge. And if an experienced Florida bail bondsman was notified about the arrest immediately, he or she would have probably already arranged for the person’s release from jail by end of the booking process (if not within a short time after).
The indemnitor (the person who contacts the Florida bondsman on the behalf of the person needing a bail bond) will complete the required bail bonds paper work and pay the bail bond premium. This process takes about an hour (or less). Within a very short time after the arrest booking, you, the friend, family member (or whoever was arrested) will be released from jail until the scheduled hearing. How quickly the person is released from jail will mostly depend upon the bail agent. The rules and procedures surrounding bail bonds varies by state, but it’s important when searching to find a bail bondsman to be sure that the agent is licensed, experienced and reliable. Selecting the best bail agent will help make the process much faster and less stressful.
Once the person who was arrested attends their scheduled court hearing and the bond is discharged, any money paid or collateral put up for the bail bond will be returned to the indemnitor. Of course, any fees required for the bond process will be subtracted. But if the person who was arrested does not show up to their court hearing, both the indemnitor and the bail bondsman are held responsible.
A premium of 10% of the full amount for bail demanded by the judge is paid to the bail bondsman according to Florida’s Department of Financial Services which regulates the bail industry within the state. For example, if a person who was arrested is issued a $20,000 bail amount by the judge – it will require the full amount of $20,000 to get out of jail on his or her own. But a bail bondsman can provide the court a surety bond that takes the place of the full bail amount for the bail bond premium amount of 10%. Some bail bonds may be issued using collateral (depending upon the bail bonds company).
When a person fails to appear in court following an arrest and forfeiting a bail bond, they have now committed another crime called ‘jumping bail’. Not only have they let down their indemnitor (the person who arranged their bail), but they have now forced their bail bondsman to pay the full bail amount to the court which was initially issued by the judge after the person’s arrest. However, the accused is now facing more criminal charges.
In addition to getting into more trouble and receiving more fines, there will probably be a bench warrant issued for the person who missed their scheduled court date. The bench warrant issued demands local law enforcement to arrest the person when found. However, these warrants do not involve sending a notice directly to the person whom the warrant was issued for. Therefore, the most common way for someone to find out if they have a warrant out for their arrest is by coming into contact with a law enforcement agent. This tends to be problematic and embarrassing for the person when found. And this could happen anywhere, including at the person’s place of employment.
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