Sunday, November 14, 2010

Reasons a Bail Bond may be Revoked, by Bail Bondsman in Los Angeles, CA.

Recently we at All American Bail Bonds were forced to revoke a bail bond on a client who was bailed out by our company. While the agent was at the courthouse he was approached by some individuals who themselves were out on bail through other local companies. The individuals were questioning as to why we revoked our clients bond and were concerned that their bonds may be revoked as well. In hearing this we felt concerned that maybe there are individuals who are out on bond who don’t quite understand the complexity of what they have agreed.

Yes, it is written in the Constitution of the United States that you have the right to bail, but it is not written that once on bail you have the right to stay on bail. Let me explain the Constitution does give you the right to bail out but you still are obligated to abide by the companies policies as well as all Federal, State, and Local laws. Think of bail as an extension of jail and the bondsman as your jailor, when you’re on bail it is the bondsman’s responsibility to not only get you back to court but also keep you in line. Each bail company may have its own set of policies which you agree to in writing upon release, but all companies have the same general policies. The following are All American Bail Bonds policies for those out on bail. You may find that your bonding company has many of the same, if not all of the same policies.

1. Appear in court, on time, Each and Every Court Appearance until Bond is EXONERATED.

2. Follow all Laws.

3. You may be required to check in on a daily or weekly basis.

4. If you change address you must notify us within in 24 hours. This can be informal such as a telephone call, but you may want to put it in writing as to protect yourself.

5. If your contact numbers change you must notify us within 24 hours. Once again, this can be informal such as a telephone call, but you may want to put it in writing as to protect yourself.

6. If we attempt to contact you and are unable to do so you must contact us back as soon as possible. We will make every reasonable attempt to contact you including but not limited to:

Phone Calls

Text Messaging

Emails

Letters (Certified and U.S. Mail)

Going to Addresses listed

It is rare that we have to contact clients, so if we try, it is imperative that you contact us back!

7. The indemnitor or Guarantor request, in writing, that we do so. This is normally the case when the indemnitor feels that the defendant out on bail is not abiding by the agreed upon requirements.

8. Any additional Court Requirements to be stated by the Judge.

Now the above listed are reasons that a bail company may revoke a bond, the following is a reason that a bond MAY NOT be revoked.

1. NON-PAY. Yes, it is not an acceptable (the word "illegal" has been removed) for a bonding company to revoke a bail bond when any amount of the bail premium has been paid. If the defendant or indemnitor fails to make any payments it turns into a civil matter and can be handled with any form of LEGAL collection method.

If it is found that a bonding company revokes a bond for non-pay than they may be ordered to return the entire paid premium and may possibility held to answer to their local licensing agency, in California it is the California Department of Insurance.

WHAT HAPPENS AFTER A BAIL BOND GETS REVOKED?

When a bail bond gets revoked it must be noted that there may be additional costs involved and per the contract those additional fees can and most likely will be passed to the financially responsible parties. Yes that’s right, If a bonding company legally revokes a bail bond they can go after anyone who signed the contract. We as a company have had to revoke bonds and have passed all cost to those who signed.
Bail Bonding companies are businesses and no one works for free, that includes those individuals who work for the companies, they must be compensated for their service, and there are often additional court cost that must be paid as well.

IN CONCLUSION.

We at All American Bail Bonds know there are many shady bail bonding companies out there, but were not one of them.

We are not the run of the mill company who will write any bond without the considering liability or “risk”. When legitimate companies write bail they are in a sense putting up their own money and assets. If you are considered a high risk client, than expect for your bail bonding company to want to keep an eye on you, this is the nature of the business!

If you feel that you have been treated unfairly by your bail bonding company than contact the licensing agency in the state in which the company operates.

The following information is for those companies operating in California

The California Department of Insurance
http://insurance.ca.gov/


If you are in need of a bail bonding company in Los Angeles, Orange, Riverside, or San Bernadino County please visit us at http://allamericanbailbonds.net/.

3 comments:

  1. Thank you for clearing this up. Bail bonds are really a confusing topic for most people, especially those who are not involved in any sort of legal cases.

    - Richard Struve

    ReplyDelete
  2. 1. NON-PAY. Yes, it is illegal for a bonding company to revoke a bail bond when any amount of the bail premium has been paid.

    Really?

    I thought the California Penal Code (Section 1300(a)(1) states that you can surrender the client back at any time (which would include "after the payment of premium" I would assume...

    Doesn't the law go on to say that the court may order the surety or the bail to return the premium if the bail surenders the defendant without cause after a payment of premium is made as a remedy? So really, it's NOT illegal.

    ReplyDelete
  3. At All American Bail Bonds we do enjoy when people participate in our postings, so please let us respond to your comment.

    Really!

    The actual code is Section (a) not (a)(1)

    California Penal Code Section 1300(a) reads

    At any time before the forfeiture of their undertaking,or deposit by a third person, the bail or the depositor may surrender the defendant in their exoneration, or he may surrender himself, to the officer to whose custody he was committed at the time of giving
    bail, in the following manner: and so forth…

    So yes, the bonding company has the right to surrender the defendant, but please pay attention to the following:

    Section 1300 (b) reads
    (b) Notwithstanding subdivision (a), if the court determines that good cause does not exist for the surrender of a defendant who has not failed to appear or has not violated any order of the court, it may, in its discretion, order the bail or the depositor to return to the defendant or other person who has paid the premium or any part of it, all of the money so paid or any part of it.

    So if you want to argue about semantics than I’ll give it to you, it is not “illegal”, but I challenge any bondsman to attempt to revoke the bond for non-pay, once any portion of said premium has been paid.

    Furthermore, For all those individuals who are reading this, if you have ever been bonded out and found yourself back in custody once you have paid any portion of your bail premium then you have the legal right to ask the presiding judge in your case to have an agent of the bonding company come to court and under oath explain as to why they revoked the bond.

    If it is found that your bondsman revoked your bond and no good cause did truly exist than the judge can demand that the bondsman return all or a portion of said premium to you.

    Also, if the judge finds in your favor we highly recommend that you contact the department of insurance and report the company for its unprofessional and unethical behavior.

    It's time to rid the world a few more shady bondsmen!

    ReplyDelete

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