317-531-5447 Bond For Failure To Appear

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Bond For Failure To Appear

Can you get a bond for a failure to appear?

"The answer is, yes, it is possible to obtain a bond for failure to appear, depending on the circumstances of the defendant's case. This includes the decision of the bail bondsman whether they want to remain on the bond. In this article, Smith American Bail Bonds will explain the failure to appear bonds and the process involved. Understanding the intricacies of this type of bond can be crucial for anyone involved in the legal process."

What Happens when an individual gets arrested and given a bond?

When an individual is arrested, and the judge sets a surety bond for their release, a representative on the individual's behalf, usually a family member or friend, must contact a local bail bondsman in their area or in the county where the individual lives. This representative will become the "Indemnitor," a legal term for the co-signer of the bond, and will be responsible, along with the bail bondsman, for ensuring that the individual makes all required court appearances.

The bail bondsman will typically charge a percentage of the bond amount for the individual to be released. The rate is usually eight percent in Indiana, although it can be as high as ten percent upfront. For instance, Smith American Bail Bonds, a provider of bail bondsman services, charges an eight percent rate on bonds. This means that for a hundred-thousand-dollar surety, the fee would amount to eight thousand dollars, in addition to a five-dollar clerk fee.

It is critical to understand that if the individual fails to appear in court, both the indemnitor and the bail bondsman could become liable for the entire bond amount. Once the contract has been signed and the bond has been paid, the individual will be released, provided there are no other legal impediments.

What happens when a defendant fails to appear and violates his or her surety bail bonding conditions?

When a defendant is released, they are required to comply with the bail bondsman's set of conditions and attend all scheduled court dates. Many people are curious whether a bail bondsman can impose conditions to ensure the defendant's compliance and appearance in court, and the answer is affirmative. Some bail bondsmen opt to include measures such as GPS ankle monitoring, phone GPS, office check-ins, and regular weekly phone check-ins as part of the conditions. Should the defendant fail to adhere to the conditions set by the bail bond agency, the bond can be revoked, and if the defendant does not appear in court, the bail bond will be forfeited. In Indiana, once the bond is forfeited, the court will issue an order to the bail bondsman or bail bonding agency, compelling them to produce the defendant. This order triggers an investigation by bail enforcement agents to return the defendant to court. In Indiana, the bail bonds agency has 365 days to apprehend the defendant, with the first set of fees due after 120 days. The bail bondsman, bail agency, or bail enforcement agent can sue the indemnitor for the bond amount, including recovery fees.

Bail Bondsman

What happens when a defendant fails to appear on a court cash bail bond?

When a defendant fails to appear on a cash bond, the court typically issues a warrant for arrest. Cash bonds lack the same degree of accountability and standards as surety bail. Surety bail protects the public, ensures safety, and saves taxpayers money. When a defendant misses an appearance on a surety bond, a coordinated effort involving bail enforcement, indemnity, and local law enforcement is employed to track down the defendant. Alternatively, the responsibility falls on local law enforcement when a defendant fails to appear on a cash bond. However, this may not always be effective due to competing law enforcement priorities and responsibilities, resulting in a low apprehension rate for defendants who miss court dates. It has been documented that defendants who fail to appear on cash bonds often engage in other criminal activities while evading the authorities. Consequently, cash bonds have been criticized for failing to protect the public adequately.

Can a defendant get a bail bond on a failure to appear if he or she did not intentionally miss court?

It's essential for everyone involved to understand that when a defendant fails to appear in court, it may not always be a deliberate action. There are various reasons why defendants might miss their court date, including situations where the court's negligence, family emergencies, medical issues, or simple forgetfulness or confusion about the date might be at play.

In cases of a failure to appear, it's worth noting that a bail bondsman has the discretion to decide whether they want to remain on the defendant's bond, if given the opportunity, or go before the court to address the situation. Notably, Smith American Bail Bonds is recognized for its fairness in dealing with defendants who voluntarily turn themselves in or can provide evidence that their failure to appear was not intentional. The bail bonding company is also known for being open to communication with defendants. Generally, in such situations, the judge will honor the decision of the bail bondsman.

Why Choose Smith American Bail Bonds

Smith American Bail Bonds is known to be the best bail bonding agency in Indianapolis and the entire state of Indiana. If you make an effort for change, Smith American Bail Bonds will make an effort for you. Smith American Bail Bonds has a Google five-star rating, and over 200 five-star customer reviews combining both locations. If you need bail bonding services, you can contact 317-531-5447.