| What is a Bail Bond? |
A monetary guarantee filed with the court whereby a defendant is temporarily placed in the custody of the posting Bail Agency. Further, the bail agency promises the court the defendant will appear each and every time they are ordered to do so while their case is pending.
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| Is a defendant released on bail really in the custody of the posting Bail Agency? |
Yes, when a Bail Agency post a Bail Bond with the Jail or Court, the Bail Agency is taking responsibility for the defendant to appear at all future court dates. For example, if a defendant does not follow the terms and conditions of the Bail Agency, then he/she risk being returned to jail! CMH Consulting provides the comforts of not being in a jail cell. However, if a defendant fails to communicate or check in as required then he/she may be returned to jail.
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| How much does bail really cost? |
10% of the bond is the standard premium.
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| How come some agencies state 0% down? |
This may be misleading since a company would go out of business writing free bail. However, there are companies who will take a lien on your house and require monthly payments to cover the bail premium. If your financial situation requires a 0% program then be sure to make the monthly payments on time to cover the bail premium (not bail amount) owed to the bail agency or else your loved one (the defendant) will be returned to jail and you will still owe the premium plus costs such as fugitive recovery agent fees and court fees. At CMH Consulting, we have programs for 5% down to start. If you don't understand, please call us and we'll assist you and answer your questions.
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| Do I need collateral? |
Every case is different. However, we enjoy bringing families together and with high bail amounts collateral is necessary. If you have questions, don't be afraid to call and ask!
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| What can I put up for collateral? |
Anything of resale value that is free and clear! Examples are vehicles, real estate, firearms, etc.
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| How do I use real estate for collateral? |
You must produce the deed to the land or home with a current appraisal. Once that is done, the land is mortgaged to CMH Consulting using a local legal firm. You stay with the home or land unless the Defendant fails to meet the terms of his bail. Should this happen, you must immediately produce the amount of the bond or the mortage is forclosed and the property becomes that of CMH Consulting.
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| What if the person I bail out does not appear? |
The court will issue a warrant for the arrest of the defendant. In addition, a notice will be sent to us regarding the failure to appear. However, we will be happy to assist you in either reinstating the bail with the court or surrendering the defendant back to custody.
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| What if the person I bail out gets re-arrested in a different county or state? |
Call us immediately so we can make sure you are protected. Communication is very important.
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| What if the person I bail out refuses to go to court? What will it cost? |
Call us immediately and we'll make arrangements for him or her to be safely returned to jail. The cost of returning a defendant to jail depends where the defendant is located. You are responsible for all costs incurred in the recovery of the Defendant. This could be many thousands of dollars. If you have doubts about the person you are helping then don't sign for a bond! You're better off taking a nice vacation or donating to the Red Cross!
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| Are there any additional legal fees? |
In the event of a forfieture (when the defendant failed or refused to appear in court as required) there will be court costs. The worst being a Summary Judgement where the defendant cannot be located and you have to pay the entire bond amount. If the defendant failed to appear due to a valid excuse, then the bond can be reinstated. If a motion has to be filed to vacate the forfieture then you will be liable to pay for all legal fees.
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| Once the bond has been posted at the jail, how long until the defendant will be released? |
Typical release times in our area are usually 12 to 24 hours. Within that time, the Defendant will see a Judge or Magistrate at a Bond Hearing with the risk is assessed and a bond amount set.
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| Should I get an attorney to request a bail reduction? |
If a case has been filed at the court by the Magistrate or Soliciter's Office and the bail amount is high, then you may want to seek the advice of an attorney regarding possible bail reduction. However, a bail reduction hearing cannot occur until there is an official case filed.
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| How long will it take for a defendant to be released from jail? |
Most metropolitan jails located in South Carolina may have delayed released times from 12 to 24 hours. However, if a defendant is being held at a police station, then he/she could be released within 1 hour.
The booking process at large Detention Centers take a few hours.
All persons arrested and brought to a police station or detention center are "booked" into a local database. The purpose of the booking process is to establish the true identity of the defendant, find if the person is wanted elsewhere in the state or nation, document a "history" of the arrest (in the local and the FBI's national database), and to determine whether or not the person can be released on his/her own recognizance or on cash bail.
The defendant cannot be released until the Department of Justice identifies the individual in custody. Don't allow a bail agent to tell you anything different.
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| Do some Bail Bond Companies give misleading information? |
There have been some incidents with clients being given misleading facts on release times and bonds not being processed quickly from a well known bail bond agency.
The unnamed bail bond company has been investigated repeatedly by the South Carolina Department of Insurance. Remember when meeting with a bail agent to ask to see their SC bail agent license.
There are some large Bail Bond Companies who use non-licensed employees to collect money and information from your family inorder to remove the bond off the market, but not service customers quickly as promised.
It is illegal for non-licensed agents to negotiate bail.
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| Can a Bail Bond Company refer an attorney? |
It is against the law for a bail bond company to refer an attorney.
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| What happens if a person is released on Bail, but the case is dismissed? Do I still owe the premium? |
Yes, if you hired a bail company to post bail for a defendant. Commission is earned once the defendant is released on a Bail Bond. Further, Bail Bond Companies cannot determine if the District Attorney is going to file a case or not. CMH Consulting will verify with the Police Department or Jail if the defendant is going to be released without needing a bond.
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| Why should I use CMH Consulting? |
We handle all the above situations in a professional manner. We will try to assist you and answer your questions when needing a bail bond. If we cannot help you, then we'll point you in the right direction. We enjoy bringing families together!
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