Bail Exoneration Bond Withdrawal In Oakland

Category:
State:
Multi-State
County:
Oakland
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

In general, an exoneration occurs when a person who has been convicted of a crime is officially cleared after new evidence of innocence becomes available.

A bail bond is exonerated when the legal process/trial has finished. It does not matter whether the defendant is found guilty/innocent or if the case has been dismissed. At this point, the bail bond is discharged. However, any unpaid premium, fees or other amounts charged by the bail service provider are still owed.

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.

Consequences of a Revoked Bail Bond A warrant will likely be issued for your arrest, and you may be taken into custody until your case is resolved. If you fail to appear in court, the bail amount may be forfeited, and you or your cosigner may be responsible for paying the total amount to the bail bond company.

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.

If a defendant cannot afford bail, then at the arraignment or any hearing while still incarcerated the defendant can request a bail reduction or release without bail. That must be supported with evidence that the defendant is unlikely to reoffend or to flee.

You'll need to check in with your bail bond agency to check that you meet certain criteria to revoke your signature. After you have done that, your agency will advise you on the required paperwork through their contract management software and what evidence you need to give in order to be released from your agreement.

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, 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.

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Bail Exoneration Bond Withdrawal In Oakland