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When a person is arrested, he/she is sent to jail. It typically takes several hours to be booked into the jail system. The jail will do fingerprints on the defendant (the person in jail) to determine their identity and whether there are any outstanding warrants. At this time, the family and friends of the defendant can go post a bail bond. A bail bond uses the principles of accountability and responsibility. Signature Bonding guarantees that the defendant will appear in court for each court appearance until the case is over. If the defendant fails to appear, there is a warrant issued and a loss is incurred by the bonding company if the defendant is not rearrested timely. The family and friends, who cosigned on the bail bond, would have to pay any losses incurred as a result of the failure to appear. These friends and family members who secure the bond are called cosigners. Bail is an effective form of release because more parties are motivated to make sure that the defendant does appear in court. The defendant, the cosigner, and the bondsman are ensuring an appearance in court.
Premium is the amount of money the state requires for getting a defendant out of jail. It is typically 10% of the bond amount. (For example, if a bond is $2,500, the premium or cost to do the bond would be $250.)
Florida requires a minimum bond fee of $100. This would apply to bonds that are less than $1,000.
(For example, if a bond is $250, the minimum would apply, and it would cost $100)
The premium for a Federal Bond is 15% of the bond amount.
The premium amounts charged are set by the Florida Department of Finance and is required for all bail bonds.
Collateral can be used to secure the bond amount. Sometimes the collateral is simply the signature of a cosigner who can pay the amount of the bond if the defendant were to miss their court date. This is referred to as a signature bond. Almost anything of value can be used as collateral; it could be extra cash, car titles, jewelry, electronic equipment, etc.
Collateral is returned when the case is closed, the bond is discharged and there are no more required court dates. A bail bond does not guarantee the innocence or guilt of a person, but it does guarantee that the defendant will appear in court for each court date. Once all required court dates are over, the collateral will be returned as long as the defendant did go to each court date. The clerk will notify the bail bond agency that the bonds are discharged, and the collateral will be returned.
When a defendant misses court, the judge will forfeit the bond and issue a warrant. At this point, the surety (bail bond company) has a short period of time to resolve the forfeiture. If the court date was accidentally missed, contact us right away. We can help you resolve the forfeiture. If a defendant intentionally misses a court date, the surety must then locate and arrest the defendant to resolve the forfeiture.
Typically when there is a failure to appear, the cosigners help to locate the defendant because they are responsible for the bond. Ultimately, if the defendant is not found timely, the cosigners must then pay the full bond amount to the surety. The cosigners are responsible for all expenses and costs related to a forfeiture regardless of whether the defendant missed court on accident or intentionally. The cosigner must pay the forfeiture expenses which include investigation costs, court costs, attorney expenses, etc.
Missing a court date is serious and should be avoided at all costs!
Upon the defendants release from jail, they need to go to the bail bond office and complete their required paperwork. At that point, they will be provided their court date information, so long as it is scheduled.
The court date on a misdemeanor charge will typically be set and given to the cosigners and defendant. If the charge is a felony, the court date may not be set yet.
The defendant must call the Clerk of Court’s office and update their mailing address to receive their court notices in the mail.
Signature Bonding sends court date reminders to both, the Defendant and Cosigner. As with all thing's technology, there could be a delay in court notifications. We recommend calling our office 352-742-8000 or checking the clerk of court website once a week to ensure you do not miss a court date!
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