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.
The Oregon Bail Bond Agreement is a legally binding contract signed between a defendant, a bail bondsman, and the court, outlining the terms and conditions of the bail bond arrangement. It is essential to understand the main aspects of this agreement, as well as the various types of bail bond agreements in Oregon. One common type of Oregon Bail Bond Agreement is the Cash Bond Agreement. Under this arrangement, the defendant or their representative pays the full bail amount in cash directly to the court. By doing so, the defendant is released from custody under the condition that they will attend all court hearings. If they comply with this requirement, the cash will be returned to the conclusion of the case. However, if the defendant fails to appear, the cash bond will be forfeited. Another type of Oregon Bail Bond Agreement is the Surety Bond Agreement, which involves a bail bondsman. In this case, the bondsman acts as a guarantor, guaranteeing to the court that the defendant will appear for all court proceedings. The defendant or their representative pays a non-refundable fee, typically a percentage of the total bail amount, to the bail bondsman. The bondsman then covers the full bail amount should the defendant fail to appear, allowing the defendant to be released from custody. The specific terms and conditions of an Oregon Bail Bond Agreement may vary depending on the bail bond agency and the circumstances of the case. However, some common elements typically included in the agreement are: 1. Bail Amount: The agreement states the exact amount set by the court as bail. 2. Premium and Fees: If a surety bond is used, the agreement specifies the fee or premium the defendant or their representative must pay to the bail bondsman, which is usually a percentage of the total bail amount. Additionally, other fees, such as posting fees or administrative charges, may be mentioned. 3. Collateral: Depending on the circumstances, the bail bondsman may require collateral, such as property or assets, to secure the bond. 4. Obligations and Responsibilities: The agreement outlines the defendant's responsibilities, such as appearing at all court hearings, obeying any travel restrictions, and refraining from committing any further offenses. It also highlights the bail bondsman's obligations, such as ensuring the defendant's appearance in court. 5. Forfeiture and Revocation: The agreement explains the consequences, such as bail forfeiture and potential revocation of the bond, if the defendant fails to comply with the terms stated. It may also detail the circumstances under which the bondsman can revoke the bond or surrender the defendant back to custody. It is crucial for defendants and their representatives to thoroughly read and understand the Oregon Bail Bond Agreement before signing it. Consulting with legal professionals can help ensure full comprehension of the terms and conditions, protecting the rights and interests of all parties involved.
