Bail Exoneration Bond Withdrawal In Fairfax

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State:
Multi-State
County:
Fairfax
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

Types of Bail in Virginia Criminal Cases However, if the magistrate does not set bond, then you will remain in jail either until released after trial or sentencing or until your defense attorney files a motion in court.

When bail is exonerated it means you or the bail bondsman gets their deposit back from the court clerk. When the defendant is exonerated, it means the charges are dropped and the defendant is no longer suspected of any wrongdoing. Last but not least, it is possible for bail exonerations to be denied.

The court has required the bond, and only the court is able to cancel the bond by issuing a “release” stating the bond is no longer needed. Be advised: It could take a long time to settle the estate or court case and meanwhile, premiums are due until such time as a release is received.

If the accused fails to appear in court, the court could revoke bail, forfeit the bond, or any part thereof, and enter judgment.

So your next step is to reach out to the bondsman and ask to revoke your pledge of bond. Keep in mind that it is at the bonding company's discretion and, ultimately, the judge's discretion whether there is a good reason to surrender a defendant's bond.

It is possible to revoke a bail bond if your circumstances or the relationship change, or you have concerns about the defendant's behavior. To revoke a bail bond in California, you will need to contact the bail bond agency and inform them of your decision.

In California, the law allows co-signers to take their name off your bond and withdraw from the bail bond agreement. Unfortunately, this action can have severe consequences, which we discuss below. Co-signers may take their name off your bond for various reasons.

Typically, a cosigner can withdraw from a bail bond by demonstrating to the court or bail bond company that they no longer wish to be responsible. This process may involve legal proceedings and requires cooperation from the bail bond company and sometimes the defendant.

Factors considered include the seriousness of the charges, the defendant's criminal history, ties to the community, and their financial situation. Pretrial Services Report – The judge may also review a report that the pretrial services agency prepares.

What factors does a magistrate consider when determining bail? By law, a magistrate must consider: (i) The nature and circumstances of the offense. (ii) Whether a firearm is alleged to have been used in the offense.

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Bail Exoneration Bond Withdrawal In Fairfax