How Bail Works
Here Is How Bail Works
The Details Private bail bonding has been a part of our legal system for a very long time. It is, in fact, a right established by the Eighth Amendment to the Constitution forbidding excessive bail.
The surety assures the courts that the full bail amount will be paid, if necessary. The Courts trust that surety on the basis of the standards they have established as well as their reputation as a trusted representative of the defendant. Over time, this system has proven itself to be a highly effective tool for both the courts and defendants. Historically, the Court appearance rate for Chunn clients approaches 100% - considerably higher than “own recognizance” or other release programs. Courts are more certain that defendants will appear and no tax money is at risk.
When charges are filed, a defendant appears before a judge to begin legal proceedings. The court establishes bail instead of incarcerating the defendant until trial. When a defendant cannot provide the full case bail amount, Chunn Bail Bond steps into provide a surety bond for the full amount. Typically they charge the defendant a fee of 10% of the bond's value, but other fees will be required as well. Chunn Bonding gives the court its promise of full repayment if the defendant fails to appear.
Chunn Bonding contracts with a friend or family member; a company that guarantees the defendant's appearance and is responsible for repaying Chunn Bonding any losses should the defendant fail to appear. If the court declares that the bond is forfeited due to nonappearance, Chunn Bonding immediately pays the state the full bond value. Chunn Bonding retains the bond fees paid by the defendant regardless of the trial's outcome.
How To Pay Bail Bond Payment
Chunn Bonding Company takes cash, checks and credit cards as payment, generally in advance of service. Paying by credit card is the quickest way to expedite the bail process and thereby get the defendant out of jail faster when the defendant or the Indemnitor is not local. With a credit card payment, bail bond payment and paperwork can be completed by fax.
Paying for a bail bond by credit card often is the best option for parents of college students or anyone who lives far away. No-interest Bail Financing For some families, even 10% of the bail amount presents a financial challenge. Some clients either don't have a credit card or a large enough credit line to pay the full bail bond fee.
We offer payment plan options to clients. You don't have to have a perfect credit to qualify for a payment plan. Generally, you need to have credit and use it responsibly. Several factors come into play for determining a payment plan: length of residency, employment and arrest history, ability to make payments and other factors.
When you work with the Chunn Bonding agent to arrange a payment plan, be realistic about your budget. Don't offer to pay $500 per month when you can only afford $250. The bail bond company will require you to make a down payment that represents a commitment to pay the remainder of the fee. What's most important is that the client demonstrates a serious attitude about the situation. If the person charged fails to appear in court, then the person who signed the bail contract is liable for the entire bail amount.
Never agree to bail someone out if you think that person may not return to court. Real Estate Liens and Collateral Bonds When collateral is required for a bail bond, it can be taken in the form of a real estate lien. Generally all owners of the property must sign the lien and the property should have equity. Collateral may be required to be cash on bonds for non resident defendants. Clients often use a real estate lien when the bail is a high-dollar amount - $50,000 or more. It may also be necessary if the person has one or more high-risk factors: few ties to the community, short work history, or other such extenuating circumstances.
A real estate lien provides additional incentive for the person arrested to return to court. The person knows that the family member who signed the bail contract has put his or her house on the line and could lose the property if the defendant skips bail. The law requires the bail bond company to return all collateral and release all liens when the defendant's case is completed. It is advisable to contact your bail agent as soon as possible to arrange for release of the lien.
The bail agent will only release the lien once notified of completion of the case with proof from the court by the defendant or Indemnitor. When someone puts up their home, they don't want a lien any longer than necessary. Payment Options- Complete information about the forms of payments we accept for bail bonds including all major credit cards and financing options.
Bail Cost & Fees- The cost of a Mississippi bail bond is regulated by the laws of the State of Mississippi. Generally, you will pay 10% of the full bond amount plus a 50.00 process per bond. Get the details. The Cost of Bail in Mississippi Bail is a Regulated Industry A bail bond premium or fee in Mississippi is mandated law and set by the Mississippi Statue 83-39-25.
The bail fee, (also known as a premium) is a non-refundable percentage of the total amount of the bail. On any bail bond written the premium shall be ten percent (10%) or $100.00 whichever is greater except when the defendant resides outside the state of Mississippi or is charged with a capital offense, then the premium shall be fifteen percent (15%) or $100.00, whichever is greater. In addition to the premium, there is a processing fee of $50.00 per bond.
Simply, when the premium is ten percent then, if the bail amount is $1,000.00, the bail bond fee will be $100.00 plus the $50.00 processing fee for a total of $150.00. Please note that the Sheriff's department charges $25.00 per bond to accept bail bonds. This is not part of the premium or bail fee and is paid directly to the Sheriff's Department. Some courts also charge additional fees to the defendant to accept a bond. As reputable bail bond company, we do not charge any additional finance fees, charges or taxes that are not established by the state statute. You should be mindful that bail bond companies who offer 5% bail bond fees or cheap bail bonds are violating Mississippi Law. Any company that offers you these rates or makes these claims is either acting illegally or will put you on a payment plan when you sign the contract. These "price cutting" bail agents are saying and doing whatever they can to get your business.
These companies have a habit of getting the defendants released and then surrendering the bond at the first opportunity forcing the defendant and their family to post another bond. Bail Bondsmen are Licensed A Mississippi bail agent is an individual that is licensed by the Mississippi Department of Insurance and can legally assist those in need of a bail bond to have a defendant released from jail. Typically, the premium is always paid up-front; however, some exceptions may apply to those that are credit-worthy. No Collateral Bail Bonds Some bail bond companies will take collateral to ensure the defendant will appear in court. Most bail collateral will typically be in the form of real estate or cash.
All bail companies must return collateral at the end of each case. In most cases, our bail company will offer most of our clients signature bonds, that is a bail bond with no collateral - only a qualified indemnitors signature signature is required. This, of course, is based on risk. Bonds in excess of $50,000 will require collateral as may other high risk bonds such as for non-residents. Flexible Payment Plans Payment for bail bonds is generally made prior to the release of the defendant. I accept Visa, MasterCard, American Express and Discover. In addition to no collateral bonds, we often offer clients flexible payment options to help ease the strain of having to pay a large sum of money all at once. To qualify for a payment plan, the co-signer of the bond (known as the Indemnitor or the one taking responsibility for the defendant) would need to have good credit with a good job and / or be a Mississippi homeowner. Chunn Bonding Company provides several payment options. You may pay using cash, check or major credit card including Visa, MasterCard and Discover Card. We can also provide easy, no cost financing for qualified customers.