Frequently Asked Questions
- What is bail?
In many cases, bail is a sum of money, surety bond, or real property that needs to be posted by or on behalf of the defendant to guarantee their appearance in court. Bail is what allows an accused person to be temporarily released from custody so they can continue their lives while they prepare for their day in court. The right to reasonable bail is guaranteed to you in the Eighth Amendment of the Constitution of the United States.
- What is a bail bond?
A bail bond is a financial guarantee made by or on behalf of a criminal defendant that is used to guarantee their appearance in court through the end of their trial upon release from custody. Failure by the defendant to appear will result in a bond forfeiture.
- How does a bail bond work?
The court system will set the amount of bail required for the defendants release. Under State law, a bail bond company can provide a type of insurance policy or "bond" that guarantees payment of the full bail amount to the court if the defendant does not show up for all scheduled court appearances. For supplying these bonds, bail agencies charge a premium – a precentage of the total bond amount, typically 10% set by the state.
By way of example, if a bond amount was set at $50,000, the premium would be $5,000. Big Mike's offers discounts and payment plans so this amount could be even lower than 10%. Call us now for free confidential bail info and a price quote.
- How much does it cost to bail someone out of jail?
This is a question best answered by a licensed bail agent, not the person answering the phone at the jail. Typically it's 10% of the full bond but often Big Mike's can do it for 5% down,or offer you a discount on large bonds. Call us now for a free confidential price quote at (316) 265-6453 that's (316) 265-MIKE and "Kiss jail Goodbye"
- How is the cost of bail set?
The amount of the bail is determined first and formost by the judge or magistrate. The two following limitations apply:
- The purpose of bail is not to punish the defendant, only to secure the appearance of the accused.
- Excessive bail is a violation of constitutional rights. When fixing the amount of the bail, the judge takes into consideration The extent of the crime, history of the accused, prior warrants, and whether the accused is a "flight risk".
Additionally, if public safety is an issue, the court may consider allegations of injury or threats to the victim or witness, danger to the public, the use of a deadly weapon and the defendant's use or possession of controlled substances. A judge or magistrate setting bail an unusual amount must state on the record the reasons and address the issue of threats made against a victim or a witness. The court must also consider the detained person's ties to the community and ability to post bond. The bail amount set by the court must be within the minimum range amount of bail that would reasonably assure the defendant's appearance - NOT the maximum.
- What is the difference between bond amount and bond premium?
The bond amount is the total amount of the bail that was set by the court. The premium is the dollar amount owed to the bail agency for posting the bond. Typically this premium is equal to 10% of the bail, however Big Mike's offers a varity of discounts and payment plans which will normally reduce the premium to under 10%.
- What is a bail bond exoneration?
A bail bond is exonerated when the legal trial has finished. It does not matter whether the defendant is found guilty or innocent or the case is dismissed. At this point, the liability for the bond amount is dismissed. However, any unpaid fees or charges incurred by the bail bond company on your behalf are still owed.
- When does a bail bond forfeiture take place?
Bail bond forfeiture results when a court appearance is missed. If a defendant misses a court date, a bench warrant is issued for their arrest. The court also sets a deadline for when either the defendant must be returned to custody or the bail amount must be paid to the court.
- What is a co-signer?
A co-signer is the person(s) willing to be responsible for the defendant while they are out on bail. The co-signer also co-assumes financial liability to guarantee the full bond amount incase the defendant misses court and jump bond.