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.
A West Virginia Bail Bond Agreement is a legal contract entered into between a defendant, a bail bondsman, and the court system. It acts as a guarantee that the defendant will appear in court for their scheduled hearings and fulfills the requirement of the court to ensure the defendant's presence during the trial process. The primary purpose of a bail bond agreement is to secure the release of a defendant who has been incarcerated while awaiting their trial. It allows the defendant to maintain their freedom until the court proceedings are completed. The agreement outlines the obligations and responsibilities of the defendant and the bail bondsman involved. In West Virginia, there are different types of bail bond agreements, including: 1. Cash Bail Bond: In this type of agreement, the defendant or their family and friends make a cash payment to the court as a guarantee of the defendant's appearance. This payment serves as collateral, which is returned when the defendant fulfills their obligations and appears in court as required. 2. Surety Bail Bond: This is the most common type of bail bond agreement. It involves a bail bondsman acting as an intermediary between the defendant and the court. The bondsman will typically require a percentage of the total bail amount as a fee, often 10% in West Virginia. The bondsman will provide a financial guarantee to the court on the defendant's behalf, ensuring that they will appear in court as required. 3. Property Bond: In some cases, defendants can offer property as collateral instead of cash for their bail release. The value of the property should be equal to or greater than the bail amount. If the defendant fails to appear in court, the court may foreclose on the property to fulfill the bond agreement. Key aspects of a West Virginia bail bond agreement include the defendant's obligations to appear in court as scheduled, to abide by any court-imposed restrictions or conditions, and to inform the court or bondsman about any changes in contact information or address. The defendant may also be required to surrender their passport or submit to regular check-ins with the bondsman. It is important to note that failure to comply with the terms of the bail bond agreement can have severe consequences, such as revoking the bail and placing the defendant back into custody. Additionally, the bail bondsman may hire a bounty hunter to apprehend the defendant and bring them to court. In summary, a West Virginia Bail Bond Agreement is a legal contract that facilitates the release of a defendant from custody while awaiting trial. It serves as a guarantee to the court that the defendant will appear for all required court hearings. The different types of bail bond agreements in West Virginia include cash bail bonds, surety bail bonds, and property bonds.
