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So You Want To Bond Someone
Out Of Jail?
General Bail (Bond) Information
What is bail? Bail or bond (in this
case, bail and bond mean the same thing) is an amount of money in cash,
property, or surety bond for the purpose of making sure that a person attends
all required court appearances. Bond
allows an arrested person (defendant) to be released from jail until his or her
case is completed.
Who can post bond? Any person can
post his or her own bond. If the
defendant can’t afford to bond himself or herself out of jail, any other person
age 18 or older can post the bond.
If I bond someone out of jail, when will I get my
money back? It could take months. If you post a cash bond, you might get
some or all of your cash bond back, but it won't be until the case is finished
and the necessary paperwork has been processed. The law lets the Court use the cash bond to pay any fine or
costs which might be assessed the defendant. If you post a surety bond, you
will not get the surety bondsman’s fee or the Sheriff’s fee back.
Cash Bonds
What is a cash bond? A cash bond is
the full amount of the bond required, paid in cash, to release a defendant from
jail.
How much does a cash bond cost? A
cash bond costs the full amount of the bond AND a nonrefundable $10
Sheriff's fee if the bond is posted after regular office hours with the
jail. Example: A $500 cash bond would cost a total of
$510 ($500 plus $10).
How do I post a cash bond? For
instructions on how to post a cash bond, call your local Sheriff’s Office.
Note: You do not need to pay a
bail bond agent to post a cash bond because you or another person can post a
cash bond.
Can I change my mind after I post a cash bond for
someone? You may have the defendant turn himself or herself
in to jail any time before the defendant misses a court date. If the
defendant is returned to the jail, you will need to file the required paperwork
with the court. It will take about
two weeks for the money to be mailed to you.
If I post a cash bond, will I get my money back?
Maybe. If the defendant
attends all court appearances and either pleads guilty or is found guilty, by
Idaho law, I.C. 19-2923, a cash bond can be used to pay fines and costs:
...when the money has been deposited, if it remains
on deposit at the time of the judgment for the payment of a fine, the clerk
must, under the direction of the court, apply the money in satisfaction
thereof, and after satisfying the fine and costs, must refund the surplus, if
any, to the party posting the deposit.
If you are using your money to post a cash bond for
the defendant, please tell the clerk or jailer your name and address. If you are using the defendant’s own
money to post the cash bond, tell the clerk or jailer that the bond money
should be receipted in the defendant’s name. The bond receipt should be made
for the person whose money is being used for the cash bond. If there is any
money left, it will be returned to the person whose name is on the bond
receipt. If the defendant attends all court appearances and the charges are
dismissed or dropped, the person whose name is on the cash bond receipt
will receive the refund of the cash bond.
It takes about two weeks for the refund to be mailed to the person who
posted the cash bond.
What happens if the defendant misses court? The
judge will issue a warrant for the defendant’s arrest and the bond will be
forfeited (defaulted). If you post a cash bond for the defendant, there
are only two ways you can get your money back: 1) You must find the defendant and turn him or her back to the
jail within 90 days of the bench warrant; 2) If the defendant is arrested and put back in jail within 90
days of the warrant, you can request your cash bond back.
Fill out the required paperwork and give it to the
Court. The judge will review it
and if approved, the cash bond will be mailed back to you. If the defendant isn’t found or
arrested within 90 days, the Court will keep all of your cash bond.
Surety Bonds
What is a bail bondsman?
Bondsman, bondsperson, bail agent, and bond agent are all names used for
a person who is licensed by the State Department of Insurance to sell surety
bonds and is authorized to conduct business in the State of Idaho. He or she is an agent for an insurance
company that sells surety bonds.
What is a surety bond? A
surety bond is an agreement made between a person and a bondsman. The bondsman agrees to post the
necessary bond so the defendant can be released from jail.
This agreement is backed by an insurance company
contract signed by the person and the bondsman on behalf of the insurance
company. There has to be enough
cash or collateral to cover the full amount of the bond in case the defendant
misses his or her court date. Only a person who has been licensed by the State
Department of Insurance may post a surety bond.
Why would I hire a bondsman? If
you don't have the cash to cover the full bond amount and the Sheriff's fee,
you may wish to hire a bondsman to bond yourself or someone else out of jail.
Also, as mentioned above, sometimes the Court keeps
a cash bond. If you are bonding
someone out of jail and you don't want to take the chance that all or part of
your cash will be used to pay the defendant's court fines, fees and
restitution, you might want to hire a bail bondsman.
How much does a surety bond cost? A
surety bond will cost you a surety bond fee AND a Sheriff's fee of $10.
You will not get any of the surety bondsman’s fee or the $10 back because it is
nonrefundable. The surety
bondsman’s fee, set by the insurance company, may cost about 10% of the total
bond plus $25 or $35 dollars. This
fee can be different from company to company and their amounts should be listed
with the Idaho Department of Insurance.
Example: a $5000 bail bond could cost a total of
$545 ($500 surety bondsman’s fee plus $35 and the $10 Sheriff Fee).
How do I post a surety bond? Call
any one of the bail bondsmen listed in the yellow pages of the phone book. The
defendant and a cosigner will be required to sign the bond agent's contract.
If I'm a consignor, what will I have to do? If
the defendant misses a court date, you may be expected to help the bondsman
find the defendant, to pay the bondsman’s expenses for finding the defendant,
and to pay the full amount of the bond if the defendant cannot be found.
If I go through a bond agent to post a surety bond,
will I get my money and collateral back? You will not get the surety bond fee or the Sheriff’s fee back. Whether you get the rest of your money
or your collateral back depends on what you and your bondsman agreed to in the
contract. Every contract is
different.
BEFORE SIGNING ANY CONTRACTS OR PROMISSORY NOTES,
MAKE SURE YOU READ THROUGH THEM CAREFULLY. BE SURE YOU UNDERSTAND THEM. ALWAYS GET COPIES OF ALL DOCUMENTS YOU SIGN AT THE TIME YOU
SIGN THEM.
Property
Bonds
How do I post a property bond?
Because using your property as bond is complicated, please call your
attorney.
More Information
What if I can't afford to lose the money I used to
bond someone out of jail? Never
bond someone out of jail if you
cannot afford to lose that money or if you can't afford to wait for several
months to get it back. Remember,
even if the defendant makes all court appearances, the Court can use the cash
bond to pay fines and fees. In the
world of bonding people out of jail, there are no guarantees.
Note:
The Sheriff's fee can change without notice.
This information is to
provide you with basic information only.
Every case is different and some are very complicated. If you need more information or legal
advice, please contact your attorney.
If you have questions about bail bond agents, you
can contact the Idaho Department of Insurance at (208) 334-4321.
Other
information regarding the posting of bonds may be directed to your local court
personnel, Sheriff’s personnel, or to the Trial Court Administrator’s Office,
Room 336 at the Canyon County Courthouse, 1115 Albany Street in Caldwell,
454-7360.
