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FAQ

Sarasota Bail Bond FAQ

Frequently Asked Questions

If you or a loved one has been arrested and need assistance with the bail bond process, A Way Out Bail Bonds is prepared to provide you with the answers and counsel you need. Refer to the commonly asked questions below; however, feel free to contact us at any time for further information and advice! You can reach us today at (941) 894-3555!

As a defendant in Sarasota, are you entitled to being bailed out of jail?

The United States Constitution and Florida statute XLVII Chapter 903 (FL Rules Crim. Proc. 3.131(a)) mentions the right to pretrial release, unless you are charged with a capital offense or an offense punishable by life imprisonment. Everyone is entitled to pretrial release, on reasonable conditions. The only reasons why a person would be denied bail, is if he/she poses a risk of physical harm to the community, if he/she is a flight risk or if his/her release would threaten the integrity of the judicial process.

What exactly is bail?

When a person is arrested for a crime and taken into custody, the court will often refuse to release the suspect without being given some form of assurance that he or she will return for any subsequent hearings and that he or she will not flee the jurisdiction. Bail is an amount of money demanded by the judge as a condition of early release from jail after an arrest. If a criminal defendant posts bail and then fails to appear at subsequent hearings, he or she will most likely lose that money and may even be arrested again.

How does the judge decide how much to set?

The amount of bail is generally set according to the severity of the crime, less serious offenses may require a relatively low amount of bail while more serious crimes will typically require bail ranging into the thousands or tens of thousands of dollars or even more. In some cases, the judge may even deny bail if the crime is sufficiently serious. Other factors that may influence the judge’s decision have to do with how likely it appears that the defendant will return to court when required and whether the defendant seems likely to pose a threat to society if released.

How much does a bail bond cost?

The typical cost (premium) of a Florida bail bond is equal to 10% of the defendant’s bail. For less serious offenses, bail can be in the hundreds of dollars; however more severe offenses can warrant a bail amount in the thousands, ten thousands or even hundred thousands.

When someone has been arrested and jailed, family/friends can either post cash bail or hire a bail bond service. If you choose the first option, you have to deliver the entire amount, as established by the judge. If you are faced with an overwhelming $10,000 bond, and decide to work with us, however, you can simply pay us $1,000 and we will post the rest of the amount for you. You can contact a bail bondsman at A Way Out Bail Bonds II Inc. 24/7 to secure the assistance you need.

Does A Way Out Bail Bonds II Inc. write bonds for all charges and amounts?

Yes. Our bail bonds service is proud to assist any individual, regardless of the charges they face or the bond amounts. We are also able to write bail on federal charges. Whether you face DUI charges or sex crime charges, whether your bail is $500 or $500,000 we are standing by prepared to help you attain your freedom. If you are an immigrant or have another unique situation, we can also provide you with the answers and counsel you seek. We strive to assist our clients in determining which type of bail bond they need and guide you through the bail bond process as quickly and efficiently as possible.

Who is liable for the bail bond?

The person or company who gives indemnity (protection or security against damage or loss) is liable for a bail bond. The indemnitor’s liability is limited to the full face value of the bail bond as well as any expenses accrued if forfeiture occurs (see below).

When I am arrested, how long will it take for me to get booked, processed and ready for a bail agent to post bond?

It depends on how busy the jail is where you are being held. After an individual is arrested, they must appear at an arraignment where the judge informs them of their charges. After this, they are processed and the type of bail is set. If you were charged with DUI, you will be held until your blood alcohol content level drops below .08%.

How can I bail someone out of jail?

Once bail has been set, either the defendant or a third party member can post bail by paying the set amount. If you cannot afford the amount of cash bail, speak with a Sarasota bail bondsman from A Way Out Bail Bonds II Inc. today! Our bail bonds service has helped residents of Sarasota post bail for nearly a decade and we have the knowledge about Florida bail bond laws and regulations that you are looking for! We can explain the bail bond process thoroughly to you and will provide you with the support and surety you need during this frightening time!

How is bond structured?

A bond consists of the 10% fee which is paid to the bail bondsman. The bond is then collateralized fully, using whatever assets or cash you have that can back up the bond amount.

What does it mean to collateralize a bond?

Collateral is when the individual posting the bail premium (via a bail bondsman’s assistance) uses the backing of his/her assets as surety for the bail bondsman. In other words, collateral is what is accepted by a bail agent so that the bail bonds service does not suffer a financial loss if the defendant’s bond is forfeited (see below). Common forms of collateral include an Indemnity Agreement or a Promissory Note, or in some situations, both. These are a person’s signature on designated forms that hold the indemnitor (or co-signer) on the bond financially responsible for the undertaking of the bonds on the defendant’s behalf. Other accepted forms of collateral include mortgage agreements, cash, money orders and credit cards. If a bail bondsman does not think collateral is needed, a signature bond will be used, which means that the bail bonds service trusts you without the need for backing of assets.

What is expected of a defendant while they are on bond?

Depending on what charges a defendant faces as well as the amount of bond that has been posted will determine the requirements placed on a defendant by a bail agent. Depending on the situation, a defendant may face more stringent conditions placed upon him by a bail bondsman. The bail agent will help obtain court dates that the defendant will be required to attend, however, it is important to remember that a bail agent is not a lawyer and cannot provide legal advice. A bail agent’s job is simply to make sure that the defendant appears in court as required.

How long is a person on bond / responsible and accountable to a bail agent?

As long as they have pending court dates, a bail agent is responsible for a defendant. Once a case has been discharged by the court (meaning the defendant was found not guilty, the defendant was charged or the charges were dropped by the State), the bond becomes void.

What is an “own recognizance” release?

In some cases, the judge may decide to release a suspect on “own recognizance (O.R.)” which is also referred to as a “personal recognizance” release. An O.R. release does not require that the suspect post any amount of money for bail, but it is necessary to promise to return to court when necessary. This is most often done in relatively minor cases.

What does a bail bondsman do?

The amount set for bail is quite often far more than the criminal suspect and his or her family can easily afford to pay, and bail bondsmen serve the public by helping people in this situation secure the necessary funds to post bail and secure an early release from jail. We maintain relationships with the local courts and help our customers post bail quickly and easily so that you can reunite with your loved one and begin working on a strategy for defending against the charges you face with a minimum of delay.

Will I get my money back at the end?

If you pay the full amount of bail on your own, which is referred to as a “cash bail,” you can expect to receive all of your money back at the conclusion of the case provided that you do not violate the terms of your release. If you hire us, we keep the premium that you pay us-that is our fee for the service we provide. On the one hand, you will not get your money back, but on the other hand you will be able to
secure a release from jail without having to come up with the full amount of bail on an emergency basis.

Can a bail agent arrest me and put me back in jail for any reason?

No. A bail bondsman must have a legitimate reason for arresting or apprehending the defendant and returning him to custody. If a defendant willfully fails to appear in court and the bond agent is then subject to paying the bond, this is legal grounds for a bail agent to arrest a defendant. Other grounds include if any false information is provided by the defendant during the posting of his bonds, if the defendant leaves the jurisdiction of the court without consent, if the defendant moves from one address to another without notifying the bail agent prior to the move, if the defendant is re-arrested for any criminal offense while the original bond is active or if the defendant does anything which causes the bail agent to reasonably believe the defendant will cause forfeiture of the bond (see below).

What does it mean if a defendant’s bond is forfeited?

If a defendant fails to appear in court, a judge can forfeit the bond. Once a bond is forfeited, a bail agent must either apprehend and surrender the defendant to the jurisdiction of the court or pay the total sum of the bond.

How do I become a bondsman?

The process of becoming a professional bondsman requires a great deal of hard work, in addition to having a sincere dedication to help people and to be successful in this business. It is necessary to complete two courses and work for another bondsman for a minimum of one year before you can obtain your own license. To learn more about the process, please contact us for more information.

How can I pay?

At A Way Out Bail Bonds II Inc., we accept a number of different forms of payment including cash, Visa, MasterCard, Discover, American Express, money orders, cashier’s checks and Western Union.