Rhode Island Bail Bond Agreement

Category:
State:
Multi-State
Control #:
US-00006DR
Format:
Word; 
Rich Text
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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

Pursuant to G.L. 1956 § 2-13-10, any balance of bail funds available after the payment of restitution, fines, and costs, or any other assessments issued by any court within the Rhode Island Judiciary, must be refunded to the defendant or the individual who posted the money on behalf of the defendant.

When will I get my bond money back? Bonds are only released upon order by a judge, dismissal of the charge, or a finding of not guilty. The bond is returned only to the party posting it.

In Rhode Island, defendants are required to 'Post' 10% of the total value of the bail set by the Judge. Therefore, if the Judge sets bail at $20,000 with surety on a case the defendant must post $2,000 to be granted his release from prison pending trial on the charge.

Bail Violations in Rhode Island Potential penalties include: Revocation of bail, which leaves the defendant in custody pending trial. Forfeiture of the bond. If bail is revoked because the defendant has committed another crime, the potential for additional prison time.

Cash or surety bail may be imposed only if one or more conditions exist: ? The court is reasonably satisfied defendant will not appear. ? The court is reasonably satisfied defendant will engage in other criminal contacts.

A court order to return the funds or to exonerate the bond is required to release the criminal bond. Unless otherwise ordered, the money will be returned to the person(s) named on the Affidavit of Owner of Cash Security at the time the money was posted.

A court order to return the funds or to exonerate the bond is required to release the criminal bond. Unless otherwise ordered, the money will be returned to the person(s) named on the Affidavit of Owner of Cash Security at the time the money was posted.

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Rhode Island Bail Bond Agreement