Bail Exoneration Bond Withdrawal In Wake

Category:
State:
Multi-State
County:
Wake
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

Voluntary Bond Revocation – Sometimes, the person who posted the bail (often a family member or friend) may choose to revoke the bond voluntarily. This usually happens if the defendant is not adhering to the conditions of their release or if the person posting bail feels that the defendant is a flight risk.

You can withdrawl your agreement by calling the bondsman and telling them that you no longer want to be on the bond as you feel the ``criminal'' will not show up to court. You can sign off of the bail but they may arrest your friend.

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.

The main repercussion for the defendant when a co-signer takes their name off a bond is re-arrest. However, guarantors also put themselves in a perilous position. Sometimes taking a name off is possible, but it isn't if the defendant broke any bail terms.

Only Courts may revoke a bond. A bonding company may submit a surrender to the Courts asking for the bonding company to be removed from the liability of the bond. At the time the Judge decides whether to grant the request.

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.

Committing a New Crime – If a defendant is arrested and charged with a new crime while out on bail, their original bond is likely to be revoked. Engaging in criminal activity while on bail demonstrates to the court that the defendant is a risk to the community and is not adhering to the terms of their release.

Florida Statute Section 907.041(4)(e) requires a prosecutor to file a written motion to revoke bond if the motion is not based on a new arrest. If the Florida prosecutor files a motion for pretrial detention, the judge must set a hearing on the motion within five (5) days of the filing of the motion.

Bond Vacated: When a bond is vacated, it means the bond has been set aside or canceled. This can happen for several reasons, such as if charges are dropped or if the court decides to change the bond conditions.

Primary tabs. In civil and criminal legal proceedings, vacate means to set aside or annul a previous judgment or order. Vacate is also used in property law to indicate the surrender or leaving of the premises. For examples of its usage, refer to Sears v. Upton (pertaining to a judgment) and Thorpe v.

More info

The court usually issues a cash bail refund order 6 to 8 weeks after a case is closed or bail is exonerated. 1. At any time before the forfeiture of a bail bond, an obligor may surrender the defendant in his exoneration, or the defendant may surrender himself.To post bail, you must present personal identification and provide the New York State Identification (NYSID) or Book and Case number of the person to be bailed. Bail is an amount of money that some people charged with crimes have to pay in order to be released from jail while they continue to fight their case. Exoneration is when the court releases the insurer from its obligation on a bond. You will need clear proof that the defendant is about to violate their bail terms, or the bail bond agent must find proof based on your alert. When bail is exonerated, it means the defendant has reached the conclusion of their case and that the court will release their bail bond. Money orders, bank drafts or cashier's checks are accepted and should be made payable to Clerk, U.S. District Court. When you are surrendered to custody for good cause, the bail will be exonerated. Current through Laws 2024, c. 453.

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Bail Exoneration Bond Withdrawal In Wake