Indiana Bonding Bail Bonds Inc. 

Posting of a bail bond. This process involves a contractual undertaking guaranteed by a bail bail agent and the individual posting bail. The bail agent guarantees to the court that the defendant will appear in court each and every time the judge requires them to. For this service, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. Typically, a family member or a close friend of the defendant will post bail and cosign. Collateral is not always required for a person to be bailed from jail. Often a person can be bailed from jail with a signature of a friend or family member. Cosigners typically need to be working and either own or rent a home in the same area for some time. After an agreement is reached, the bail agent posts a bond for the amount of the bail, to guarantee the defendant's return to court. If the defendant "skips", the cosigner is immediately responsible for the full amount of the bail. If the defendant is located and arrested by the bail agant the cosigner is responsible for all expenses the bail enforcement agent incurs while looking for the defendant.

What is Bail?

The term Bail is used in several distinct senses:(1) It may mean the security-cash or bond-given for the appearance of the prisoner. (2) It may mean the bondsman (i.e., the person who acts as surety for the defendant's appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he has bailed out). The first meaning is the most common and should be employed for clarity.  Admission to bail is the order of a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of security-either an undertaking or deposit-for the appearance of the defendant before the court for some part of the criminal proceeding).  Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The bond is in nature of a contract between the state on one side and the defendant and his sureties on the other. The agreement basically is that the state will release the defendant from custody the sureties will undertake that the defendant will appear at a specified time and place to answer the charge made against him. If the defendant fails to appear, the sureties become the absolute debtor of the state for the amount of the bond.

What is the purpose of bail?

The purpose of bail is to assure the atendence of the defendant, when his or her presence is required in court, whether before or after confiction. Bail is not a means of punishing a defendant, nor should there be a suggestion of revenue to the government.

Do I get my money back after the defendant goes to court?

When the bailbond has served its purpose, the surety will be exonerated (i.e., released from obligation). Exoneration normally occurs when the proceeding is terminated in some way or on the return of the defendant to custody. After conviction, the defendant is committed to the custody of the sheriff, and the liability of the surety terminates. You will not recieve any money back that you have paid to a bail bondsman.

What if the person I bail out skips?

The surety or depositor may arrest the defendant, or authorize a bail enforcement agent or private investigator to do so for the purpose of surrendering him to custody to ensure his future appearance. This extraordinary power of the bail bondsman is of ancient origin. When bail is given, the principal is regarded as delivered to the custody of his sureties. The following may be authorized to arrest a bail fugitive: A certified law enforcement officer. A person licensed by the state to do so (i.e., holding a bail license in another state and authorized in writing by the bail depositor to make an arrest). A person contracted and authorized in writing by the bail depositor to do so, Bail Recovery Agent, A private investigator. Persons doing and foregoing have been called bounty hunters, yet the term does not fit the facts of today's world, they are acting under contract.

If the defendant doest not appear and the court orders a forfeiture, can it be set aside if he later appears?

A court will sometimes order bail forfeited on the defendant's nonappearance, then vacate the forfeiture to reinstate the bail when the defendant appears and offers an explanation for the absence. Some instances of this would be the nonappearance because of death, illness,or insanity, or detention by a civil or military authorities, and if the absence was not with the connivance of the bail (acquiescence of the bonding company absence). An example of illness would be where the defendant is confined to bed by reason of a doctors order. If the defendant flees and the prosecuting agency does not seek extraditition the bail may be exonerated.

What else may happen if a defendant fails to appear?

The court may issue a bench warrant for his apprehension and arrest for the failure to appear upon the underlying charge, which would thus be a seperate triable offense, seperate and distinct from the original charge. The appropriate agency will enter each bench warrant issued on a private surety-bonded felony case into the national warrant system (National Crime Information Center (NCIC)).

What is a bond indemnitor?

A bail bond indemnitor is the co-signer for the bail bond. The indemnitor is responsible for seeing that all premiums are paid for a defendant's bail bond.  Bail bonds are normally good for one year. If the case continues longer than one year, additional premiums will be due, and collected for each year the case goes on.  Bail bond premiums are not refundable, as they are used for the bail agent's expenses, ect. The indemnitor is no longer liable for the defendant's bond when the defendant has completed all of his or her court appearances, and when all premiums have been paid. It is best to contact the bail bond company when the bail bond is exonerated by the court, for the expedient return of any collateral pledged and to confirm that the bond is exonerated.  In the event of forfeiture, the indemnitor is liable untill the full amount of the bail has been paid, plus any expenses incurred, or untill the court exonerates the bond. The bond then becomes void.

There are five release bonds available to a person who's been arrested. They are Cash Bail, Surety Bail, Property Bond, and release on his Own Recognizance (O.R.), and release on citation or what is termed as a Cite Out.

Cash Bail Bond

To be released on a cash bail, a person must post with the court the total amount of the bail, in cash, to secure his or her return to court on a appointed date, and thereafter untill the case is finished. Full cash bonds are an incintive for the defendants to appear at trial. If the defendant appears for his or her court appearances, the cash will be returned to him or her with in 60-90 days, However if he or she fails to appear, the cash bond is forfeited to the court.

Surety Bail Bond

The alternative to the cash bail is the posting of a surety bond which is also known as a bail bond. This process involves a contractual undertaking guranteed by an admitted insurance company having adequate assests to satisfy the face value of the bond. Indiana Bonding Bail Bonds guarantees to the court that they will pay the bond forfeiture if the defendant fails to appear for the designated court appearances. Indiana Bonding Bail Bonds gurantees are made through a surety company such as Lexington National Insurance Corp.  For this service, the defendant is charged a premium. To be released by posting a bail bond, the defendant or a realitive or a friend, will usually contact Indiana Bonding Bail Bonds, an agency licensed by the State of Indiana to post bail bonds. Before a bond is posted, we will interview the proposed guarantor of the bail bond, as well as the defendant and relatives of the defendant, as part of the approval procedure for the bond. By involving family and friends, as well through the acceptance of collateral, Indiana Bonding Bail Bonds can be assured the defendant being released on a bail bond will appear at his or her designated court date, as required, untill the case is completed. Once an agreement is made, we will complete the application and post the bail bond for the full amount of the bail to guarantee the defendant's return to court. Once the defendant is released on a bail bond posted by Indiana Bonding Bail Bonds they will meet with an agent to be interviewed and go over the terms and conditoins of bail. At Indiana Bonding Bail Bonds we strive to make this process as simple as possible. All we ask is for the defendant's to comminicate and be courteous. We offer the comfort of not being in jail while your case is adjudicated.

Property Bail Bond

Depending on the court jurisdiction an individual may obtain release from custody by posting a property bond with the court. Here a court records a lien on property, to secure the bail amount. If the defendant fails to appear in court on his or her designated date, the court may start foreclosure proceedings against the property to obtain the forfeited bail amount.

Own Recognizance (OR)

Another method of release pending trial is through a county or law enforcement administered pre-trial release program. Typically a deputy or staff member of the jail will interview a defendant and will determine or recommend to the court regarding release of the defendant on their own recognizance. At Indiana Bonding Bail Bonds we always verify if the defendant qualifies for OR!

Citation Release

Citation Release involves the issuance of a citation by the arresting officer to the defendant, informing the defendant that he or she must appear at an appointed court date. Citation release usually happens immediately after a person is arrested.