#1 KNOW YOUR RIGHTS · $1,000. There a number of benefits to a bail bond vs. paying the bail...

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Transcript of #1 KNOW YOUR RIGHTS · $1,000. There a number of benefits to a bail bond vs. paying the bail...

Page 1: #1 KNOW YOUR RIGHTS · $1,000. There a number of benefits to a bail bond vs. paying the bail amount. You will only pay the bail bonds agency a fraction of what you would pay the court.
Page 2: #1 KNOW YOUR RIGHTS · $1,000. There a number of benefits to a bail bond vs. paying the bail amount. You will only pay the bail bonds agency a fraction of what you would pay the court.

Have Questions? Your Acme Bail Agent Has Answers on 1 800 884 12222 1

Have Questions? Your Acme Bail Agent Has Answers on 1 800 884 1222

IT IS A HORRIBLE EXPERIENCE WHEN A LOVED ONE IS ARRESTED

As the person who has received “that call” from the jail and who now has the responsibility of getting them out...

Where do you start? How do you protect your family? How do you protect yourself?

This eBook provides you with the information you need to get your loved one home as quickly as possible while protecting yourself in the process.

TABLE OF CONTENTS 1. KNOW YOUR RIGHTS ............................................................................................... 2

2. WHAT IS BAIL? ......................................................................................................... 3

3. WHAT TO DO FIRST .................................................................................................. 4

4. THE BENEFITS OF A BAIL BOND AGENCY .............................................................. 5

5. HOW TO PAY FOR A BAIL BOND .............................................................................. 6

6. HOW TO USE IT - COLLATERAL ................................................................................ 7

7. HOW IT WORKS - CO-SIGNING ................................................................................. 8

8. YOU HAVE YOUR BOND - WHAT’S NEXT? ................................................................ 9

9. FORFEITURES - DO’S & DON’TS ............................................................................. 10

10. FINALLY - RESOLUTION! ........................................................................................ 11

CONTACT ACME BAIL BONDS ....................................................................................... 12

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Have Questions? Your Acme Bail Agent Has Answers on 1 800 884 12222 2

Have Questions? Your Acme Bail Agent Has Answers on 1 800 884 1222

MIRANDA RIGHTS People think that the arresting officer must read these when making an arrest, but it’s only necessary if they’re going to interrogate you. Telling you these rights ensures that any statements you make can be used as evidence. Even though only recited for interrogation and evidence gathering purposes, you are protected by them all the time. Your Miranda Rights are:

1. You have the right to remain silent. 2. Anything you say can and will be used against you in a court

of law. 3. You have the right to an attorney. 4. If you cannot afford an attorney, one will be provided for you. 5. Do you understand the rights I have just read to you?

PROTECT YOURSELF

The most important part to remember is: “You have the right to remain silent.” Staying silent and requesting a lawyer can prevent any number of problems later on. Be aware that if you do request an attorney, you may be taken to the police station and have to wait for a public defender to become available.

INTERVIEW VS. INTERROGATION Police can interview a person at any time. While being interviewed, you are free to leave or stop at any point, unless you are told you are being arrested or detained. If you exercise your rights, you may be threatened that you will be taken to jail to be questioned, that not speaking will result in a resisting arrest charge, or something similar. These threats are not requirements to speak.

If you are arrested and detained, you must be reminded of your Miranda Rights. If you are not read your rights, notify your lawyer, as any statements you’ve made can be kept out of court.

#1 KNOW YOUR RIGHTS

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Have Questions? Your Acme Bail Agent Has Answers on 1 800 884 12222 3

BAIL Bail is property (money or valuables) that is held by the court in exchange for the release of a defendant. This property is held with the understanding that the defendant will return for all court appearance and trial, and if the agreement is honored, the property will be returned.

THERE ARE 3 TYPES OF BAIL: Cash Bail With cash bail, the entire amount of bail is paid to the court. If bail is set at $10,000, then that amount is given to the court. It is supposed to be returned after the defendant appears at all court dates, however, there are instances where the court keeps it all or a portion for fees, fines, and costs.

Release on Personal Recognizance or P.R P.R. bail is a contract where the person signs an agreement to return to court, but no money is due. All other bail obligations apply and bail can be revoked if they are not met. While this sounds good, it’s typically only arranged for minor offenses.

Bail Bond Bail Bonds, also called surety bonds, are legal instruments recognized by the courts. They operate like an insurance policy, where you pay a premium and the bail bond covers the rest. This option will cost less than paying cash bail; only 10% of bail amount will need to be paid. For example, it will only cost $1,000 on the $10,000 bail.

#2 WHAT IS BAIL?

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CALL A BAIL BOND AGENCY When you receive the phone call that your loved one is in jail, if you only remember one thing from this eBook, this is it. By calling a bail bond agency, you can immediately begin the process of freeing your friend or family member.

Between the defendant being booked, processed and arraigned, it can take a long time to bail them out, Making sure the bail bonds agency gets all the proper information can help things move faster.

WHAT INFORMATION DO I NEED TO HELP THE BAIL BOND AGENCY? If you are present during the arrest, find out which jail they will be taken to This will help the bail agent call the right detention center to begin working on the bond.

HAVE AS MUCH PERSONAL INFORMATION AS POSSIBLE You will need to provide the bail agency with the full, legal name of your friend or loved one. Having the birthdate is also helpful, especially if you’re in a large city or the defendant has a common name. The other helpful piece of information is the booking number. This is the ID number assigned after arrest, so you will only be able to get this if your loved one calls you from jail.

#3 WHAT TO DO FIRST

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MAKING THE PROCESS EASY FOR YOU One of the most helpful things that a bail agent, also known as a bondsman, can do is come to you. Whether you have kids to take care of at home, need to meet at work, or just would prefer the comfort of your local coffee shop, the meeting can occur at the place and time of your choosing.

BRINGING EXPERIENCE OF THE SYSTEM While you may be unfamiliar with the arrest process and what follows, the bondsman is not. If you don’t know who or what department to call, they do. The bail bondsman will be able to handle all the “heavy lifting” for you.

GETTING YOUR LOVED ONE OUT OF JAIL FAST There are many benefits to getting out of jail quickly:

Statistics support the fact that the longer a person is in jail, the more likely they are to be involved in future crimes.

Once released, the court dates are automatically pushed back, which gives the defendant time to explore options, mount a proper defense, or hire a lawyer, if necessary.

A defendant is far more likely to plead guilty to a crime, even if innocent, while incarcerated. This is often due to desperation to get out of jail and back to work and/or family obligations.

The Bottom Line: Only a Bail Bond Agency can deliver the fastest and most affordable way to get your loved one out of jail, back home, and to begin dealing with the situation.

#4 The Benefits Of A BAIL BOND AGENCY

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Have Questions? Your Acme Bail Agent Has Answers on 1 800 884 12222 6

PAYMENT A bail bond will usually cost 10% of the bail amount. So, if the bail is set at $10,000, the bond would cost $1,000. There a number of benefits to a bail bond vs. paying the bail amount.

You will only pay the bail bonds agency a fraction of what you would pay the court. There are options with the bondsman, but if paying the court, the bail will have to be paid in full

immediately. Frequently the court will keep a portion for fines and fees. Even if CHARGES ARE DROPPED.

OPTIONS COURT DOESN’T OFFER Working with a bail bonds agency will give you flexibility and options that the court will not. The court doesn’t negotiate, offer any discount, or accept a payment plan. Any reputable bail company will be able to provide a payment plan, or a discount if paying the entire amount up front. A bail bondsman can negotiate and work with you, so tell them your situation, and be honest. They have experience and might suggest an option you haven’t considered.

WHAT CAN I USE A bail bond, like most services can be paid with a variety of options. These include:

Cash Wire Transfer Credit or Debit Cards Collateral Checks

#5 How To PAY FOR A BAIL BOND

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Have Questions? Your Acme Bail Agent Has Answers on 1 800 884 12222 7

FLEXIBILITY AND SECURITY No household budgets for an arrest, that’s where a bail bonds agency can help.

Just as flexible payments can be arranged, items can be used as collateral.

WHAT IS COLLATERAL? Aside from money, certain valuable items can be used towards a bail bond. These items, called collateral, are pieces of property that are given to the bail bond agency, to be kept safe, until the bond is released. The bail bonds company is responsible for the property until the case is resolved.

WHAT CAN I USE? Any property that is considered valuable can be used. This can come in the form of land, a home, a vehicle, or jewelry. Make sure to ask the bondsman, as other items can also be accepted, such as sports memorabilia, firearms, collectibles, electronics, and other assets.

Generally, if it is an item, like jewelry or a firearm, the bail bonds agency will take possession of the item for safekeeping, but if a car or home is offered, the bail bondsman will be given the title or deed.

#6 How To Use It COLLATERAL

Page 9: #1 KNOW YOUR RIGHTS · $1,000. There a number of benefits to a bail bond vs. paying the bail amount. You will only pay the bail bonds agency a fraction of what you would pay the court.

Have Questions? Your Acme Bail Agent Has Answers on 1 800 884 12222 8

INDEMNITOR Like other contracts, a co-signer is often needed to share accountability. With bail bonds, this person is called the Indemnitor, or Indem. Just like when co-signing on a loan or lease, your credit might be checked and financial information gathered.

The indem will have certain responsibilities: They will need to make sure the defendant makes all court dates and is meeting the terms and

conditions of the bail bond. They will be responsible to help the bondsman with information and resources if the defendant

fails to go to court and becomes a fugitive.

WHY IS IT NECESSARY? The Indem can be closer to the defendant and help them keep track of court dates and other important information. Though co-signing may feel like a risk, consider that the bail bonds agency is providing a service where you only pay a small percentage of the bail amount and they are sharing that risk with you. In the best cases everyone works together to help the defendant get through the process.

WORST-CASE There is a possibility that the Indem can be financially obligated if the defendant fails to honor the contract. The best way to avoid this is to help the defendant be accountable, stay out of trouble, and communicate with the bail agency. If they have concerns, they should call the bail bonds agency and let them know.

#7 How It Works CO-SIGNING

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Have Questions? Your Acme Bail Agent Has Answers on 1 800 884 12222 9

FREEDOM! While this experience isn’t over, life can resume without too much disruption. The best part is the likelihood of having charges dropped has increased and you have a better chance to build a defense.

WHAT’S NEXT? After the bondsman posts the bail, they will need to have the post-custody interview with the defendant. This is usually handled within 24 hours of release and is to make sure the bail bondsman, the Indem, and the defendant are on the same page about the bond and that all the personal information is correct.

COURT AND OTHER OBLIGATIONS The only obligations left to the defendant are to make the scheduled court appearances and to stay current with payments. Your bondsman may expect a check in occasionally, and make sure to contact them if a court date is missed, changed, or if a payment is late.

With court it is highly advisable to present yourself in a professional manner. No need to rent a tux, but pants and collared shirts are recommended for men, and dresses or blouses with skirts and pants are a best-practice for women.

Dressing and behaving appropriately shows the court that you have respect and take the situation seriously.

#8 You Have Your Bond WHAT’S NEXT?

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Have Questions? Your Acme Bail Agent Has Answers on 1 800 884 12222 10

THE BAIL BOND IS A CONTRACT If the terms and agreements of the bail bond are broken, it is called a forfeiture. While a scary word, it is a process, not a single event. The forfeiture occurs when the defendant fails to appear in court, whether it is intentional or accidental. Once the court date is missed, the bail bond can be voided and the defendant put back in jail.

It is also a forfeiture if any part of the agreement is not met: payment, terms and conditions, etc.

COMMUNICATION Though you may have a few months before the forfeiture is finalized, be sure take the proper steps to correct the error. If a court date is missed:

Call the court. They can reissue you another court date. Call your bail bonds agency and let them know you missed court. Tell them the rescheduled court

date. They may have to verify that information. Write it down and don’t forget again!

We all make mistakes, but if the forfeiture is finalized, you will lose any collateral and funds and the defendant will be surrendered back to jail.

SKIPS Those who miss a court date or flee are called Skips, and once a person “skips”, they are a fugitive. Fugitive recovery is a part of the bail bonds business, and they have bounty hunters on staff or contract who make their living by catching those who run. It never ends well for skips, between the experience and connections of the bond agency and the bounty hunter, they always find the person. It is a sure way to lose any collateral that was used for the bond.

#9 Forfeitures DO’S & DON’TS

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IT’S OVER! Either the case was dropped or the last court appearance and other obligations were met. Now the bail bond is released and the contract is satisfied… No matter the verdict.

CASE CLOSED Depending on your state, once the case is closed, the bond is either automatically released or needs to be released through a motion to the court. Be sure to check with your bail bonds agency for information specific to your case.

PROPERTY IS RETURNED Now that the case is over you can get back get any property put forth for collateral. If personal property was given to the bondsman, and provided payments have been made (or agreed upon) and the account is current, the items will be returned. If the property was land, a house, or car, then the lien will need to be removed and may take more time. It all depends on the state’s and the court’s protocols. In order to get the lien removed, you will need to go to court and get either an exoneration of bond document or a certified copy of the minute order showing that the bond has been released. The bail bonds agency will be able to help get the proper forms and paperwork, but it will be up to you to make sure everything is in order to release the lien.

#10 FINALLY-RESOLUTION!

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Have Questions? Your Acme Bail Agent Has Answers on 1 800 884 12222 12

Our California call center is open 24/7 365 days a year and can easily route your call to the appropriate Bail Agent. Call us now on (800) 884-1222

If you’d like to contact your local office, you can choose from one of the offices listed below

Los Angeles Bail Bonds 205 S Broadway Suite #620 Los Angeles, CA 90012 (213) 481-5212

San Diego Bail Bonds 3065 Rosecrans Pl., Ste 200a San Diego, CA 92110 (619) 615-0000

Sacramento Bail Bonds 400 Capitol Mall #2530 Sacramento, CA 95814 (916) 905-5111

Orange County Bail Bonds 2706 Harbor Boulevard Costa Mesa, CA 92626 (714) 550-1770

Santa Ana Bail Bonds 1800 N. Bristol St Suite # C-468, Santa Ana, CA 92706 (714) 708-3008

Ventura Bail Bonds 5810 Ralson Street Ventura , CA 93003 805-290-4002

Rancho Cucamonga Bail Bonds 9668 Milliken Ave Suite #101-289 Rancho Cucamonga, CA 91730 (909) 313-0619

Oceanside Bail Bonds 2170 S El Camino Real #103 Oceanside, CA 92054 (760) 631-2818

Long Beach Bail Bonds 65 Pine Ave, Suite 900 Long Beach, CA 90802 (562) 435-9204

Westlake Village Bail Bonds 2945 Townsgate Rd #200 Westlake Village, CA 91361 (805) 496-1155

Huntington Beach Bail Bonds 18685 Main St, Suite 101-341 Huntington Beach, CA, 92648 (562) 286-2660

Santa Monica Bail Bonds 1223 Wilshire Blvd, Suite 156 Santa Monica, CA 90403 (424) 744-3330

San Gabriel – Temple Bail Bonds 1005 E. Las Tunas Drive, Ste # 602, San Gabriel, CA 91776 (626) 222-5420

Murrieta Bail Bonds 39252 Winchester Road, Ste # 107-142 Murrieta, CA, 92563 (951) 222-0210

Lynwood Bail Bonds 10910 Long Beach Blvd, Ste #103-442, Lynwood, CA 90262 (310) 564-2611

CONTACT ACME BAIL BONDS

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Have Questions? Your Acme Bail Agent Has Answers on 1 800 884 12222 13

IMAGE CREDITS

Images used in this eBook were sourced from the creative commons and are used under the appropriate license. 1: Know Your Rights Handcuffs and a Car by houstondwiPhotos mp on Flickr

2: What Is Bail? Cut up dollar bill by Images Money on Flickr

3: What To Do First Project 365 #25: 250109 It’s Good to Talk! by Pete on Flickr

4: The Benefits Of A Bail Bond Agency Help is on the way, elevator, Chicago Tribune by Cory Doctorow on Flick

5: How To Pay For A Bail Bond Credit Card by Ed Ivanushkin on Flickr

6: Collateral - How To Use It Hidden Spaces - Birmingham Municipal Bank - Vault - by Elliott Brown on Flickr

7: Co-Signing - How It Works Amigos para siempre - by Rakel Sánchez

8: You Have Your Bond - What’s Next Albert V Bryan Federal District Courthouse by Tim Evanson on Flickr

9: Forfeitures - Do’s & Don’ts No Running on Water by Todd Slagter on Flickr

10: Finally - Release An Embrace by Alex Proimos on Flickr

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