Advanced Bail Bonds. Serving the city of El Reno, Yukon, Mustang, Kingfisher, Oklahoma City
and surrounding areas 24 hours 7 Days a week. To speak with
a licensed bail bondsman call 405-422-4222 or TOLL FREE 1-866-867-0555
and one of our professional agents will assist you and answer
any questions you have regarding bail bonds.
Advanced Bail Bonds Information and FAQ’s:
1.How does the bail process work?
Posting of a bail bond. This process involves a contractual
undertaking guaranteed by a bail agent and the individual
posting bail. The bail agent guarantees to the court that
the defendant will appear in court each and every time the
judge requires them to.
For this service, the defendant is charged a percentage of
the bail amount. Before being released the defendant or a
relative or friend of the defendant, typically contacts a
bail bondsman to arrange for the posting of bail. Prior to
the posting of a bail bond, the defendant or a co-signer must
guarantee that they will pay the full amount of bail if the
defendant does not appear in court.
Typically, a family member or a close friend of the defendant
will post bail and cosign. Collateral is not always required
for a person to be bailed from jail. Often a person can be
bailed from jail on the signature of a friend or family member.
Cosigners typically need to be working and either own or rent
a home in the same area for some time.
After an agreement is reached, the bail agent posts a bond
for the amount of the bail, to guarantee the defendant’s
return to court.
If the defendant "skips", the cosigner is immediately
responsible for the full amount of the bail. If the defendant
is located and arrested by the bail agent the cosigner is
responsible for all expenses the bail enforcement agent incurs
while looking for the defendant.
What is Bail?
The term Bail is used in several distinct senses: (1) It may
mean the security—cash or bond—given for the appearance
of the prisoner. (2) It may mean the bondsman (i.e., the person
who acts as surety for the defendant`s appearance, and into
whose custody the defendant is released). (3) As a verb, it
may refer to the release of the defendant (he was bailed out).
The first meaning is the most common and should be employed
Admission to bail is the order of a competent court that the
defendant be discharged from actual custody upon bail. The
discharge on bail is accomplished by the taking of bail (i.e.,
the acceptance by the court or magistrate of security—either
an undertaking or deposit—for the appearance of the
defendant before a court for some part of the criminal proceeding).
Bail is evidenced by a bond or recognizance, which ordinarily
becomes a record of the court. The bond is in the nature of
a contract between the state on one side and the defendant
and his sureties on the other. The agreement basically is
that the state will release the defendant from custody the
sureties will undertake that the defendant will appear at
a specified time and place to answer the charge made against
him. If the defendant fails to appear, the sureties become
the absolute debtor of the state for the amount of the bond.
What is the purpose of bail?
The purpose of bail is to assure the attendance of the defendant,
when his or her presence is required in court, whether before
or after conviction. Bail is not a means of punishing a defendant,
nor should there be a suggestion of revenue to the government.
Do I get my money back after the defendant
goes to court?
When the bailbond has served its purpose, the surety will
be exonerated (i.e., released from the obligation). Exoneration
normally occurs when the proceeding is terminated in some
way or on the return of the defendant to custody. After conviction,
the defendant appears for sentence. If sentenced to imprisonment
the defendant is committed to the custody of the sheriff,
and the liability of the surety terminates. You will not receive
any money back that you have paid a bail bondsman.
What if the person
I bail out skips?
The surety or depositor may arrest the defendant, or authorize
a bail enforcement agent or private investigator to do so
for the purpose of surrendering him into custody to ensure
his future appearance. This extraordinary power of the bail
bondsman is of ancient origin. When bail is given, the principal
is regarded as delivered to the custody of his sureties. The
following may be authorized to arrest a bail fugitive: A certified
law enforcement officer. A person licensed by the State to
do so (i.e., holding a bail license in another state and authorized
in writing by the bail or depositor to make the arrest). A
person contracted and authorized in writing by the bail or
depositor to do so, Bail Recovery Agent, A private Investigator.
Persons doing the foregoing have been called bounty hunters,
yet the term does not fit the facts of today`s world, they
are acting under contract.
If the defendant
does not appear and the court orders a forfeiture, can it
be set aside if he later appears?
A court will sometimes order bail forfeited on the defendant’s
nonappearance, then vacate the forfeiture to reinstate the
bail when the defendant appears and offers an explanation
for the absence. Some instances of this would be the nonappearance
because of death, illness, or insanity, or detention by civil
or military authorities, and if the absence was not with the
connivance of the bail (acquiescence of the bonding company
to the absence). An example of illness would be where the
defendant is confined to bed by reason of a doctor’s
order. If a defendant flees and the prosecuting agency does
not seek extradition the bail may be exonerated.
If the defendant has skipped
town, what must the bail fugitive recovery person be able
to show? Is that person a bounty hunter?
That he possesses the authority to arrest by virtue of satisfying
any licensure requirements a state may impose upon such a
person. Additionally, he or she must have in their possession
proper documentation of authority to apprehend issued by the
bail or depositor, which shall include the name of the individual
authorized to apprehend the bail fugitive, the address of
the principal office, the name and business address of the
bail agency, or other party contracting with the individual
authorized to apprehend a bail fugitive. In a historical sense
they are a bounty hunter as they generally are contracted
to do this and are remunerated for their services by the bail
agency or other contracting party. The bounty hunters of old
are not the bail enforcement agents of today. Some jurisdictions
require significant training and licensure of persons engaged
in the recovery of bail absconders.
What if the underlying criminal
charge is dismissed?
Statutes provide for exoneration of the surety in the event
of dismissal. However, there is usually a time period within
which the prosecuting agency may seek to re-arrest and charge
with a public offense arising out of the same act or omission
upon which the action or proceeding was based. You will not
receive any money back from the bail bond company.
When can bail be increased?
After a defendant has been released, the court in which the
charge is pending may require him to give additional bail
in an amount specified or to meet an additional condition
upon a finding made in open court that the defendant has failed
to appear; or that additional facts have been presented that
were not shown at the time of the original release order,
and the court may order him to commitment unless he or she
gives such bail or meets such other conditions.
What else may happen when a defendant
fails to appear?
The court may issue a bench warrant for his apprehension and
arrest for the failure to appear upon the underlying charge,
which would thus be a separate triable offense, separate and
distinct from the original charge. The appropriate agency
will enter each bench warrant issued on a private surety—bonded
felony case into the national warrant system (National Crime
Information Center (NCIC)).
What is a bail bond indemnitor?
A bail bond indemnitor is the co-signer for the bail bond.
The indemnitor is responsible for seeing that all premiums
are paid for a defendant’s bail bond.
Bail bonds are normally good for one year. If the case continues
for longer than a year, additional premiums will be due and
collected for each year the case goes on.
Bail bond premiums are not refundable, as they are used for
the bail agent`s expenses, etc. The indemnitor is also responsible
for additional expenses incurred by the bail agent in the
transaction of a bail bond, such as long distance calls, travel,
An indemnitor is no longer liable for the defendant’s
bond when the defendant has completes all of his/her court
appearances, and when all premiums have been paid. It is best
to contact the bail bond company when the bail bond is exonerated
by the court, for the expedient return of any collateral pledged
and to confirm that the bond is exonerated.
In the event of forfeiture, the indemnitor is liable until
the full amount of the bail has been paid, plus any expenses
incurred, or until the court exonerates the bond. The bond
then becomes void.