Have Bail Bonds Questions
Massey’s answers the most frequently asked Bail Bonds questions. Know your rights about the Bonding Process!
Q.) What is a Bail?
A.) A Monetary amount set by the Utah Courts to guarantee the accused appears on all court dates until the disposition of the case is determined.
Q.) What is a Bond?
A.)Reinsurance the defendant will appear to all court appearances until sentenced, found not guilty, or the case dismissed.
Q.) How must does a Bond Cost?
Q.) What is the cost of a Bond?
- the minimum premium charged may not be less than 10% of the bail bond amount;
- the maximum premium charged may not exceed 20% of the bail bond amount.
- A document preparation fee may not exceed $20 per set of forms relating to a bail bond.
- A credit card fee may not exceed 5% of the amount charged to a credit card.
- If a fee is charged by the court or the jail to process a bail bond, the actual fee charged may be passed through to the defendant or the cosigner.
Q.) How is the Bail amount determined?
- Probable Cause Statement: An officer’s written statement of the incident.
- Residency: The defendant’s home state.
- Utah Bail Schedule: although seldom used, jailers can use a predetermined bail amount based on the alleged charges to set bail.
Q.) Is Bail set Immediately?
A.) No, a Judge will address bail within 24hrs of the accused being booked. In some cases, the correctional facility will set bail off the Utah Bail Schedule.
KNOW YOUR RIGHTS – ASK THE BAIL BONDS QUESTIONS
Q.) What is a Co-Signer?
A.)The financially liable party contractually agreeing to pay the Bail amount if the defendant fails to appear.
- Bail Amount: $50,000
- Co-Signers Liability $50,000
Q.) If the defendant fails to appear what is the time frame before the co-signer must pay the bail?
A.) six months.
Q.) What are the Terms and Conditions of the Bond?
- (1) The co-signer; or the defendant provided false information on the Utah Bail Bond application.
- (2) The Court increases the bond beyond sound underwriting criteria employed by the Bail Bond Agent; Bail Bond surety.
- (3) The defendant has an address change. Telephone number. Or employer without giving reasonable notice to the Bail Bond Agent; Bail Bond Surety.
- (4) The defendant is arrested for another crime while on bail.
- (5) The defendant is back in jail in any jurisdiction.
- (6) Failure by the defendant to appear in court at any appointed time.
- (7) Finding of guilty against the defendant by a court of competent jurisdiction
- (8) A request by the co-signer, based on reasons (1) through (8) pertains to the defendant; items (1), (3), (5), (7) and (9), pertains to the co-signer
Q.) What happens if the terms and conditions of the Bond are broken?
A.) The Bail Bond Company can revoke the bond, apprehend & surrender the defendant to the proper authorities.
Q.) What are reasonable costs to the Co-signer to apprehend & surrender the Defendant to the proper authorities?
- IRS mileage reimbursement standard for business miles
- meals at mid-range restaurants, lodging at mid-range hotels, transportation at no more than coach fares
- 10% Apprehension Fee
Q.) Can a Bond in Utah be reinstated?
A.)Yes, The Co-Signer & Bail Bond Company has this discretion.
RIGHT TO BAIL
Q.) Does a Bond Expire?
A.) Yes, If no information or indictment charging a person with an offense is filed in a Utah Court within 120 days from the date the Bond is posted, the Court shall relieve the accused, and the bail bond is exonerated without further order of the Court unless the prosecutor requests an extension of time before the end of the 120 days by:
Q.) Does everyone get Bail?
1.) An individual charged with or arrested for a criminal offense shall be admitted to bail as a matter of right, except if the individual is charged with a:
2.) capital felony, when the Court finds there is substantial evidence to support the charge;
3.) felony committed while on probation or parole, or while free on bail awaiting trial on a previous felony charge, when the Court finds there is substantial evidence to support the current felony charge;
4.) felony, when there is substantial evidence to support the charge and the Court, finds by clear and convincing evidence that the individual would constitute a significant danger to any other individual or the community, or is likely to flee the jurisdiction of the Court, if released on Bail;
5.) felony when the Court finds there is substantial evidence to support the charge, and it finds by clear and convincing evidence that the individual violated a material condition of release while previously on Bail; or
6.) domestic violence offense if the Court finds:
- that there is substantial evidence to support the charge; and
- by clear and convincing evidence, that the individual would constitute a considerable danger to an alleged victim of domestic violence if released on Bail.
Q.) Exoneration of Bond Means?
A.) Satisfaction of Co-Signers Contractual obligation.
For additional information on the Bail Bonds Questions, contact Massey’s directly! You can Also review the Bail Bond Act