Bail Bonds Terminology and Definitions
- Defendant: An individual, organization, company, or institution sued or accused in a court of law.
- Bond Indemnitor: A co-signer or guarantor who will take responsibility for the defendant’s adherence to the bail agreement, especially any required appearances in court.
- Bails Agent (Bail Bondsmen): Referring to an individual person pledging a bond for a criminal defendant to secure bail.
- Bail Enforcement Agent: A licensed individual who makes a living capturing fugitives for monetary rewards. Bail enforcement agent’s are also referred to as bounty hunter, fugitive recovery agents, skip tracers, and bail fugitive investigators.
- Own Recognizance: Also referred to as Release on own Recognizance (ROR), refers to the release of a defendant from custody with the promise of adherence to the courts requirements for appearance. A judge or law enforcement official will determine eligibility for ROR.
- Right to Arrest: Bail bondsman and bounty hunters have the right to arrest defendants when bail agreements are not adhered to. They “are not required to obtain additional warrants or extradition papers, and can enter the residence of the defendant for the purpose of arrest.” For more information, reference the Supreme Court case of “Taylor vs. Taintor“.
- Removing Bond Liabilities (Exoneration/Discharge): Results in the culmination of a case in which a defendant has appeared at all court proceedings and has adhered to any bail agreements.
- Premium Payments: A premium payment is a required payment, usually a percentage of the total bond (see below for an example), necessary to post a bail bond. Generally, payment is flexible and can be made by cash, check, or credit card. “If a bond is set at $10,000, a $1000 premium would be paid to the bail bond company in exchange for posting the bail bond and releasing the defendant from custody.”
- Collateral: Physical items or assets with potential resale value which is often required on top of the premium payment to secure a bond. Collateral items include cars, jewelry, firearms, computers, boats, or properties.
- Bail forfeiture: Is an order issued by the court demanding that a surety pay the amount pledged when the accused fails to fulfill their bond requirements.
Types of Bond
- Surety Bond (Bail Bond): A surety bond is an umbrella term for any bond that relies on three parties: the defendant, court, and bail agent. A bail bond refers to pledged financial support fronted by any person, agency, or corporation to obtain the release and secure the appearance of a criminally charged person.
- Municipal Bond (State Bond): Bonds specifically for state, city, county, and government entities.
- Federal Bond: Bonds specifically for U.S. District Court criminal cases (including interstate crimes).
- Immigration Bond: Bonds specifically for defendants held by Immigration and Customs Enforcement (ICE). Immigration bonds are restricted to cash bonds (posted via ICE) or surety bonds (posted via a licensed bail bondsman).
- Appeal Bond (Supersedeas Bond): Bond specifically for an appellant who will pay a judgement or sentence after an appeal is complete.
- Cash Bond: A bond in either cash or money order form covering the total amount of the bail bond.
- Bail Conditions: Bail is generally determined during arraignment proceedings. In order to receive bail, the defendant must adhere to certain conditions. Appearing in court for the following proceedings is a requirement for bail, yet there may be other conditions depending on the type of bail, the bail bond agreement, and the restriction of the court.
- Bail Agreements: A written and signed agreement between the indemnitor (see “Bond Indemnitor” under Titles) and the bail agent. Bail agreements are generally standard and should include the indemnitor’s name and contact information, bail bond execution date, the bond amount, defendant’s charge(s), and the appearance court. This agreement also secures any collateral as forfeit is the defendant fails to appear in court or comply with the agreement.
- Skipping Bail: Skipping bail refers to a “defendant [who] leaves the jurisdiction of the court, or commits any other act, in order to avoid a required court appearance after a bail bond has been posted on his or her behalf.”
- Withdrawal of Bail: Refers to the withdrawal of bail when the terms of a bail agreement have been violated. Generally, “if information becomes available that would indicate the defendant’s intent to flee the court, or if certain conditions of the bond are not being met, the bail bond can be withdrawn and the defendant will be returned to custody.“
8-Ball Bail Bonds is a fully licensed and insured bail bonds agency located in Las Vegas, Nevada. They offer 24-7 service for clients in need of assistance in stressful and oftentimes overwhelming situations. By tailoring services with each client’s individual needs, the highly knowledgeable and educated staff at 8-Ball Bail Bonds is able to provide exemplary and specialized customer service. For more information or to speak with a representative directly, feel free to contact us.