FAQ

What is Bail?

Bail is money paid to the court to ensure that an arrested person who is released from jail will show up at all required court appearances.

Who is a co-signer/guarantor

A co-signer/guarantor is the person(s) willing to be responsible for the defendant while they are out on bail and who co-assumes financial responsibility, including guarantee of the full bail bond amount.

When does a forfeiture take place?

A forfeiture occurs when a defendant fails to appear in court. If a defendant misses a court date, a bench warrant is issued for their arrest. It is possible in many cases that the bail bond may be “reinstated” by the defendant working with Lex Bail Bonds to report back to the court, which allows the court to set a new trial date for the defendant.

What is a reinstatement?

This is a process by which a defendant who has failed to appear in court can have their bench warrant removed and the bail bond re-activated or “reinstated” with the court. The defendant, working with Lex Bail Bonds, will report back to the court which allows the court to set a new court date for the defendant. This proceeding may result in additional fees to the defendant/co-signer.

Is the premium refundable?

The defendant and any co-signer(s) are responsible to the bail service provider for the premium and any fees or additional expenses incurred by the bail service provider on their behalf. These monies are earned at the time the defendant is released from custody and therefore not subject to return. This is the case even if the defendant is found innocent, the case is dismissed or the defendant is placed back into custody for another offense.

Who can post Bail for me?

You may post bail for yourself, have someone over 18 years old post it on your behalf or use a bondsman. The person posting bail for you assumes full responsibility for your appearance in court. If you fail to appear as required, a warrant will be issued for your immediate arrest and the bail will be forfeited.

What does “exoneration“ mean?

A bail bond is exonerated when the legal process/trial has finished. It does not matter whether the defendant is found guilty/innocent or if the case has been dismissed. At this point, the bail bond is discharged. However, any unpaid premium, fees or other amounts charged by the bail service provider are still owed

How can I post Bail?

1. Cash Bail
   A Cash bond is just that, it may only be paid with Cash.  If you appear for trial or the charges are disposed of before trial, the amount posted will be refunded. If you do not appear, all cash posted will be forfeited.
2. Property Bail
   Property (e.g. land or home) may be used to post bail, provided that the net equity in the property meets or exceeds the amount of bail. To determine net equity deduct any liens, mortgages or deeds of trust, and ground rent, capitalized at 6 percent, from the assessed value of the property.
   When posting property, you need to present tax bills, assessment notices, copies of a recorded deed or other public records. Each person whose name appears on the tax bill must sign the form, unless a power of attorney has been executed by one or both parties authorizing another signature.
3. Intangible Assets
   Acceptable intangible assets include:
   •  Bankbooks and certificates of deposit accepted at 100 percent of stated value
   • Letters of credit from a bank
   • Certificates for stocks listed on the American or New York Stock Exchange, accepted at 75 percent of the present exchange quotation.

   Only a clerk of the court may accept intangible assets; a commissioner may not. Present the required documents to a clerk at the court location where the case is pending.

4. Credit and Debit Cards
   Bail may be charged on certain credit and debit cards. Although a commissioner or clerk accepts the card, an independent company processes the charge. The charge includes the full amount of the bail and a service fee. These charges will appear on your next credit or debit card statement. The card and personal identification must be produced in person at the time of posting bail. (Contact a District Court  for clerk for information on cards accepted and the fees charged.)
5. Professional Bail Bondsman
   A bail bondsman charges a non refundable fee to post bail. In addition to the fee, the bondsman may require collateral security or property to secure your release. Collateral will be returned to the person who posted it after disposition of the charges. The service fee and collateral received must be displayed on the bail bond form .
   Make certain that the information is correct on the form, that you receive a receipt and that you understand the action the bondsman may take if you fail to meet your obligations.