Bail Without Bond In Cook

Category:
State:
Multi-State
County:
Cook
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

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

Unable to Post Bail: If the individual cannot afford the bail amount set by the judge, there are a few potential outcomes:Remain in Custody: The most common scenario is that they remain in jail until their trial or sentencing. This is often the case if no alternative arrangements are made for their release.

The Judge in Bond Court decides whether to set a Bond, and the amount of the Bond. If no Bond is set, or if the amount of the Bond is too high, you will be required to stay in County Jail until your case is over. You will not be allowed to go home and go back to work.

Consequences of Missing a Bond Payment Revocation of Bail: The bail bondsman may revoke the bond, leading to immediate arrest and incarceration. Legal Action: The bondsman may take legal action against you to recover the owed amount.

California Penal Code Section 825 says that a person arrested in California must be brought before a judge within 48 hours to be charged or released. These rules prevent law enforcement from holding suspects indefinitely while providing sufficient time to collect evidence and decide whether to take the case forward.

Failing to post bond has several consequences: Extended Jail Time: You remain in custody until your court date, ranging from weeks to months. Court Appearances: Regular court appearances are required. Impact on Employment and Family: Prolonged jail time can lead to job loss and financial strain.

In California, a bail bondsman typically has six months to find and return the defendant. If the defendant is not found in the timeframe, you will be responsible for paying not only the full amount of the bond, but also any additional expenses and any unpaid premiums.

In California, it generally depends on the nature of the original crime, but skipping bail often leads to harsher sentencing and fines. When a defendant fails to appear in court, the judge typically issues a bench warrant for their arrest.

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Bail Without Bond In Cook