Entering into a bonding agreement with a bondsman creates certain rights and responsibilities between him and the consumer.
The consumer is agreeing to:
- Pay the bond premiums charged by the bail bond company.
- Provide required information and collateral when necessary.
- Pay actual, necessary and reasonable expenses incurred by the bondsman in connection with the transaction. These may include:
- Reimbursement for long distance phone calls
- Excess travel expenses
- Posting fees
- Recovery expenses
- Payment of the bond amount for the defendant in the event the defendant fails to appear in court
- Attorney fees and court costs
- Keep the bondsman advised of address/employment changes of the defendant or other parties to the agreement.
- Aid the bondsman in locating the defendant (where someone other than the defendant has secured the bond).
The consumer should read all agreements thoroughly, asking questions until all items and obligations are understood.
The bondsman’s job is to secure the defendant’s release from custody until the criminal matter is resolved.
The bondsman will provide the following:
- Receipts and copies of all signed documents.
- Information regarding the status of the bond and changes in assigned court dates.
- The status of any costs due, as imposed by the court.
- Assistance in locating the defendant should a forfeiture occur.
- Appearance before the court regarding the bail bond when such appearances are necessary (sometimes requiring the hiring of legal counsel).
- The timely return of collateral upon exoneration of the bond
The bail bond is in affect until there is disposition in the bonded case. However, the agreement may provide for the payment of premium at inception, and upon “renewal” on an annual basis where applicable. I have seen bondsman in small counties require payment upon annual renewal of the bond. Watch out for this, as it will require you to repeatedly post a bond until the final disposition of the case, which could take years.
