Posting Bail In Oregon In Contra Costa

Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-00006DR
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Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, 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. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

The Oregon Supreme Court, in State v. Epps, essentially abolished the broad common law rights of both bail bondsmen and bounty hunters in Oregon. Further, the Oregon Supreme Court applied the Uniform Criminal Extradition Act, which prohibited bounty hunters from taking defendants across state lines.

State v. The law states that a defendant can only be released from custody in one of three ways: a deposit bond; his own recognizance; or conditional release. The Oregon Supreme Court, in State v. Epps, essentially abolished the broad common law rights of both bail bondsmen and bounty hunters in Oregon.

Most states still have a bail bond system to handle pretrial detention and release. However, Illinois, Kentucky, Maine, Massachusetts, Nebraska, Oregon, and Wisconsin are the exceptions.

Bail bonds are not common practice worldwide. In fact, the USA and Philippines are some of the only places you'll find this assistance. In the US, the only states where you will not find bail bonds are Illinois, Kentucky, Maine, Massachusetts, Nebraska, Oregon, Wisconsin, and Washington, DC.

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Posting Bail In Oregon In Contra Costa