Surety or Commercial bail has been proven that while it is not the only form of release a court may choose, it is the most effective. It is a way for a defendant to secure his or her release from a detention facility while awaiting trial. Surety Bail provides the greatest outcome to the court that the defendant will be present at all future court dates until the case is disposed. Surety bonds out perform all other release options by producing the lowest percentage of failure to appear rates, therefore, insuring both the victim and the court that justice will be served. Tax dollars are NOT used to fund our industry. Surety Bail is held accountable to the state and provides millions of dollars to the courts and state in bond premium taxes, fees, and forfeitures all while saving the counties and states millions of dollars in apprehension expenses and daily incarceration costs.
Surety Bail Bonds
The surety bond is a line of insurance backed by a surety insurance company authorized to do business within the state the bond is issued. This bond is posted by an agent-in-fact, appointed by the insurer to conduct business in their behalf.
Surety Bail agents have always conducted risk assessments on all involved in a case, not only on those charged with a crime. Agents conduct family history, employment, criminal history, mental health, previous flight to avoid prosecution, drug or alcohol addictions, length of time in the community, marital status, children, current pending cases and citizenship. These assessments are used to determine an individuals’ risk and to determine if the bond should be undertaken. Not all bonds will be issued for the Defendant’s release if it is deemed that the risk would be too great.
Purchase of Bond
Once a risk assessment has been validated, the surety will enter into an indemnity agreement with a third party who has the ability to be responsible for the person or persons charged with a crime. At this time, the Surety agent will provide the court the bond for the defendants’ release. Surety bonds like other insurance premiums at times may be paid in installments to allow the accused the ability to return to his or her daily routine while preparing for his or her defense. The premiums are regulated by the individual state and may vary. These Defendants have NOT been convicted and must still be proven of guilt!
When individuals are released from the detention facility, the Surety Bail Agent will then conduct an interview with them. Obligations as to the conditions of the bond will be explained at this point along with information the agent needs to better serve his or her agreement with the court.
Agent and Client Relations
The Surety Bail Agent adds the “human factor” to the Agent/Client relationship by providing information and explaining how the system will normally work and answering any questions an individual might have. Bail agents have helped thousands upon thousands of people get help in many of ways, including but not limited to finding jobs, help with addiction and counseling, relocation and many more.
Reporting and Communication
Surety Bail Agents regulate and monitor hundreds of thousands of individuals as they await court for months, and in some cases years. Agents may require office check-ins, home visits and regular communication with clients. Agents also have data base systems to help the monitoring efforts and to also communicate with clients through text and email systems.
Court Cases Review
Surety Bail Agents work closely with court officials on all sides to outlay a persons’ performance while of bond. In the event of violations, they will take action and provide apprehension. This relationship is at no cost to tax payers and provides a much-needed role within the court cycle.
A Surety Bail Agent has the right to place a client back in custody in the event of any violation to the conditions of the bond. Agents also have the mobility, unlike government systems to conduct home visits and interviews in the field. This is a strong reason why individuals perform better under the surety bail pretrial system.
Failure to Appear
In the event a client fails to appear for a court hearing, the Surety Bail Agent has the right to apprehend such person. This event can happen regardless where this individual might flee to. The Bail Agent limitations are not like Law Enforcement. Agents have recovered individuals from states across the US and many countries.
Bail Laws by State
The Surety Bail Agents are regulated by the State Department of Insurance. Laws and regulations have been set forth by legislative bodies.
Traditional Surety Insurer
Surety Companies are just like any other insurer. They must meet state requirements and maintain a range of capital and surplus. States do require annual audits and a review of surety insurers.
Forfeitures and Claims
Like any other insurer, Surety Companies have claim departments which work to prevent losses. Surety bail is truly unique as they complete their own search for individuals to prevent loss. Once the claim department is notified of a potential loss, agents insured by the Surety Companies work together to gather information and collect the individuals under the guidance of State Laws.
The Surety Bail Agent, through partnerships, can also conduct secondary monitoring which they manage themselves. Such systems consist of GPS monitoring, DUI monitoring and drug patches and testing.
Surety Bail is truly the top provider for all pretrial services. Bail Agents and Surety Companies are closely monitored and regulated by State law and require continuing education throughout their existence. Surety Bail can provide all the necessary requirements of the court for pretrial services and much more. Agents become more personal with their clients and offer assistance that cannot be offered in the government sector. These Agents can travel to the clients and adjust their schedules and locations in a way that government sectors are not capable of to provide that human connection with the individual that society so desperately is wanting to attain. Bail agents become an additional help in a Defendants’ road to recovery in so many ways.