Frequently Asked Question Bail Bonds
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HOW DOES A BAIL BOND WORK?
When someone is arrested, they are taken to jail where their identity is confirmed by taking fingerprints. In order for the defendant to be released before the end of legal proceedings, family or friends may post a bail bond as an assurance that they will show up in court when required.
Liza Davis Bail Bonds ensures the commitment and responsibility of the defendant to appear in court until the resolution of their case.
The purpose of bail is to motivate the defendant, cosigner, and bondsman to ensure that the defendant appears in court.
If the accused does not show up, a warrant is issued and any losses caused by this would be paid for by the friends or family who signed as cosigners on the bond.
Therefore, there are various parties with an incentive to make sure the defendant is present at their court hearing. If they are not, then it leads to consequences for all involved.
WHAT IS PREMIUM?
The State of South Carolina requires a fee, known as the premium, to be paid for a defendant’s release from jail. Generally, this is 10% of the total bond amount.
For instance, if the bail is set at $2,500 then the premium would be $250.
These rates are set by the state and must be paid for any bail bond.
WHAT IS COLLATERAL?
The defendant is obligated to appear in court because, if he/she fails to do so, the collateral used to secure the bond amount will be forfeited.
This could include extra cash, car titles, jewelry, electronic equipment or any other item of value that was used as collateral.
If the defendant does show up for court dates, then the property used as collateral will be returned once the case is settled.
Signature bonds are sometimes accepted which only require a signature from someone who can guarantee payment of the bond if needed. In this case no additional collateral needs to be provided.
Therefore, HOW DOES A BAIL BOND WORK? It works by offering collateral that incentivizes defendants to attend their court dates and liquidates security when they don’t.
HOW DO I GET COLLATERAL BACK?
When all required court appearances are finished, the collateral from the bond will be returned.
A bail bond does not judge innocence or guilt, but it acts as a commitment that the defendant will appear in court for each hearing.
Once the case is officially closed and all necessary dates have been attended, the bail agency can be notified and the collateral will promptly be released.
WHAT IF THE DEFENDANT MISSES COURT?
When court is missed, a warrant will be issued by the judge for the non-attendee and their bond will be forfeited.
To fix this situation, it’s essential to contact the bail bond office immediately. We can help you acquire a new court date while ensuring the forfeiture gets resolved.
In cases where a defendant intends to miss their court date, then it is the duty of the surety to locate and apprehend them in order to resolve the forfeiture.
Usually, cosigners are tasked with helping to locate defendants since they bear responsibility for any bonds taken out.
Ultimately, if the defendant is not found in a timely manner, the cosigners must assume responsibility for repaying the full bail amount to the surety.
Furthermore, all expenses and costs associated with a forfeiture must be covered by the cosigners regardless of whether or not the absence was intentional.
Such expenditures may include investigative fees, court costs, attorney fees etc., making it essential to avoid any missed court dates at all cost!
HOW DO I GET A COURT DATE?
Once the defendant has been released on bond, they must go to the bail bond office and fill out an application.
Depending on the severity of the charge, court dates can be provided immediately for misdemeanors or need to be obtained from the Clerk of Court’s Office in cases of felonies.
Cosigners are given all relevant information concerning the court date.
It is important to note that any missed court appearances are taken seriously and can result in forfeiting the bond.