At Tom Culbreth Bail Bonds, we understand that most people have a lot of bail bond questions. If you ever find yourself in need of jail release, whether for you or a loved one, give us a call at 321-638-2245. We’ll happily answer any questions you have, and can perform first-rate service for stress free bail from pre-trial detention.Below you will find a list of common bail bond questions, along with answers. If you need additional information, contact us anytime at 321-638-2245.
What is a bail bond?
A bail bond is a three-party contract consisting of the defendant, bondsman, and the state. The bond is to guarantee that the defendant will appear at all of the court dates he or she is required to attend. The bond remains active until the case is disposed of, not just for appearing at the first court date, as many people believe.
What does it mean by signing to guarantee the bond?
A person that signs to guarantee the bond is called the indemnitor. The indemnitor guarantees any loss whatsoever as a result of the defendant failing to appear in the proper court at the proper times.
Is collateral required for all bail bonds, and what would be considered collateral?
Indemnity agreements and promissory notes are used in a great many cases. However, this is based on the charge, the bond amount, the financial stability of the indemnitor, and previous arrests of the defendant. You may be required to provide collateral in certain situations. Collateral that is commonly used is gold jewelry, guns, digital video equipment, real estate, vehicles, etc.
What exactly is an indemnity agreement?
An indemnity agreement is a contract that you as the guarantor of the bond would sign guaranteeing any loss whatsoever on the bail bond. It guarantees all expenses, costs, suits, attorney fees, etc.
Does the defendant have to go to just the first court date or all the court dates?
This is probably the most common question we answer. The defendant is required to go to ALL the court dates, no matter how many.
Can I, as the indemnitor, revoke the defendant’s bond?
No, only the bondsman or a judge can revoke a bond.
I live in Brevard County but the defendant is in the Orange County jail, can you help?
Yes, our office can have a bond written almost anywhere in the United States. However, there is a transfer fee involved whenever the defendant is in another county or state.
When do I get the collateral returned that I used to secure the bail bond?
Collateral is returned when the bonding office receives a bond discharge from the court clerk. No collateral will be returned without first receiving the discharge.
If the defendant fails to appear in court, will there be additional charges filed?
When a defendant fails to appear in court, the bondsman may pursue bond-jumping charges with the State Attorney’s office. The penalty for these charges range from one to five years in jail or state prison, pursuant to Florida Statute 843.15.
If the defendant fails to appear in court but wants to turn himself in to the jail, will you help to bond him out again?
This is done quite often when a defendant misses court by mistake. The bondsman will schedule a time with the defendant to turn himself in and have the warrant served, then post a new bond.
The defendant that I bonded fled the area and is now out of state. What happens?
If your defendant has fled the state, you will be required to pay the bond forfeiture, period! We will then try and locate the defendant when he or she is settled down, and have the fugitive squad perform the arrest. The defendant will then be extradited back to this jurisdiction. In this case, we will seek additional charges for bond jumping. and will recommend to the judge the maximum sentence possible, along with full restitution for all costs involved as part of the sentence.
I called a bondsman and he wanted me to write a check for the collateral that he said he would hold in the file, even though he knew it was a bad check. Is that normal?
Many bondsmen use this tactic even though it is unethical and illegal. Do not do business with any bondsman that wants you to write a bad check for them to hold!
I was charged an extra $100.00 for a bondsman to come to my house when I posted bond for a friend. Is that normal?
No, it is not normal, and is in fact illegal! However, there are bondsmen in this county that do charge for house-calls. They should immediately be reported to the Department of Financial Services.