Surety Bonds of Las Vegas

Surety Bonds of Las Vegas

Surety Bonds and its application in Las Vegas

 

Before understanding the application of bonds let’s understand the basic concepts of Surety Bonds. A surety bond is basically the contract between the three parties the Surety (Us) the Principal (You) and the obligee (the Entity requiring the Bond). In which the Surety financially guarantees to an oblige that the principal will act as per the rules laid down by the bonds. In Las Vegas, each state has its own bail bond system. It gives someone the opportunity to get out from the Jail If they have been provided with different bail options. But the main principals remain the same for each and every bail options. Basically, bail bonds or Surety bonds all types of businesses and individuals in Las Vegas.   

There are several benefits associated with the bail bonds. Different states provide different forms of bail options but main principals remain same in every system. If you are charged with any sorts of crime in the state then this bail bond can prove to be very effective.    

Why you need to choose a bail bond?    

Think of a scenario that if your loved ones is in Jail and you want to help them then the best option in this regard is to opt for surety bonds in Las Vegas. With the help of Surety bonds you need to pay the premium. This generally stands for 15% of the bail. By paying this premium amount you can easily release your near ones from the Jail. Hiring a bail bondsman is an advantage. The reason being you don’t have to worry about the money being used towards the defendant court fees and fines.

 

How the Las Vegas bail bonds work?    

Nobody wants to get behind the bars. In most cases the only way to get out of the jail is to put up some money in the post bail. A surety is a person who posts defendant’s bail and makes it sure that the defendant’s attend the court as and when required until and unless the case is over. Likewise a surety has to make sure that the defendant is following any conditions of release or not.  

 

Different methods by which surety bonds work  

To put it simply they try to guarantee that specific tasks are fulfilled. In this case, it is important to bring the three parties together in a mutual and legally binding contract.

So let’s explore the facts that which are the three parties in this case who must be involved in this case.

  1. The first party who is involved in this case is the principal or the business that purchases bond to guarantee future work performances.
  2. The oblige is basically the entity that requires the bond. Obligees are typically government agencies who are working in order to regulate industries and to reduce the chances of financial loss.
  3. The Surety is basically the insurance company that backs the bond. The surety provides the line of credit in case the principal fails to fulfill the task.          

One of the important things in this regard, is that the oblige can easily claim to recover the losses if the principal is unable to fulfill the task. In this case the claim must be valid in nature and the company can pay the reparation that should not exceed the bond amount. In this case the underwriters will then expect the principal to reimburse them for getting any sort of claims.

The bail bonds in Las Vegas are of two types basically they are categorized in two important manners first is the cash bond and second is the bail bond.    

 

Cash vs Surety bonds  

There may be certain situation that may arise in your life where you have to worry about getting yourself and your other loved ones out of the jail. Sometimes it may result in simple arrest or false accident. In either of the way no one wants to stay inside the jail. So, there are options where the defendant can secure the release by either paying the entire amount upfront or by making a contact with the bail bonds man. To put up the money up.  

So let’s explore the facts that where lies the difference of payment and nature of cash bonds and Bail bonds.  

 

Mode of initial payment between this two bonds

The primary amount that an individual has to pay for cash bonds and surety bonds differs by huge margin. If an individual decides to bail someone using cash bonds then they have to pay the entire face value of the money that is demanded by the court before an inmate can leave. As for example if the court charges for $50000 then the defendant must pay the entire amount upfront only then the inmate can be released from the jail.  

On the other hand the Surety bonds works in a different manner. On the other hand this surety bonds road is usually the most usual road taken to release someone from the jail. Most of the time people don’t have the enough money available to post a cash bond. Even if they do arrange for the cash bonds they will not get the clear idea for how long their money will be over before the case is over. In Las Vegas a bail bondsman can issue the surety bonds to make the arrangement for the initial release from the jail. These can be of mere fee of 15 percent of the entire amount. Hence if the charged amount is $ 50000 then he or she can pay $ 7500 to get the bail from the jail. This fee is non refundable once the bond is posted and no other money has to be exchanged in this case.  

 

Nature of risk involved in this case   

There are certain inherent risks for securing someone’s bond. There are always chances that the defendant may run away and may not return to the court. In such a scenario the person who has signed of the bail amount is liable to pay the full bail bonds amount.  

On the contrary in case of Surety bonds if the defendant runs away then the bail bonds man first course is to locate the defendant and bring them back in-front of the judge. This can be accomplished with the help of a co-signer or a fugitive recovery agent. In this case if they are unsuccessful the bail agent may sue for the bond amount and whatever collateral are required as an intermediary.   

Now let’s get some of the basic insights that how bail bonds basically works.  

 

Surety Bonds   

A surety bonds is also known as the bail bonds. These types of surety bonds can be used for any types of bail. But, is especially considered to be very useful if the accused cannot pay his or her bail. This type of bail involves friend or relative of the accused contacting the bail agent also known as the bail bondsman. In Las Vegas the bail agents are backed by special types of insurance agents who are popularly known as pledges who will pay the full amount of the bonds. If the accused does not appear in the court or any such discrepancies occur.  

 

Release on Citation      

In some cases the officer will not book the suspect on the contrary will issue citation by saying that the accused must appear in the court. While on the other hand this process is less through than taking the suspect to the police station for doing a formal booking procedure. This allows the officers to focus on catching more serious offenders.     

Release on personal recognizance  

The concept here is that the judge may also choose to release the suspect. It means that he or she is responsible for paying up the court dates so that he does not have to pay the bail. Personal recognizance is only allowed when the charge involves the relative minor and the nonviolent crime and the defendant is not considered as danger to anyone else to fight the risk.   This will not allow the defendant to flee and to not appear in the time of the court date.

 

 

Property Bonds 

Sometimes the defendant in place of money provides his property to act as a bond. In such cases the court can get the lien which is also known as the legal claim. On the property on the amount of bail amount. If the defendant does not show off for the appearances in the court the court can take over the property for recovering the forfeited amount.

Property Bonds by Aguayo Bail Bonds of Las Vegas
Hence, these above points clearly highlights the points that how court can forfeit the amount of bail amount in Las Vegas. In such a scenario the Las Vegas bail bonds can prove to be effective for getting the bail from the court and release your near ones from such an awkward situations. This why bail bonds are mostly used these days in Las Vegas to safe guard the rights of your dear ones from the stringent situation.

 

Referral Sources  

https://www.lawyers.com/legal-info/criminal/criminal-law-basics/surety-is-a-bail-bondsman-a-sure-thing.html

https://www.suretybonds.com/what-is-a-surety-bond.html

https://mybailhotline.com/2012/06/cash-bond-vs-surety-bond/

https://money.howstuffworks.com/bail2.htm

Las Vegas Bail Bonds call 702-907-2245

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Cash Bail Reform of California. Can Giving All The Power To The Judges A Good Move For California Residents.

 

Explaining the Upcoming Cash Bail Bond Reform

Many people are concerned with the oncoming cash bail reform that will take place in California. It’s due to take effect on October 19, 2019, ending a 40-year system and becoming the first state to ever do so. Some people have praised it, with California’s Governor Jerry Brown calling it a way to “…treat rich and poor fairly…” as reported by CNN.

Others have criticized the bill’s method. NPR writes that one of its original supporters, the American Civil Liberties Union of California, have changed their stand and accuse the reform of encouraging further bias. There are also 150 bail bond agencies now seeing the reform as a threat to their livelihood.

How exactly will this affect the future of the justice system? To find out, here’s a detailed look at what cash bail bonds are, and how the reform changes the current system:

What are bail bonds?

A bail bond is a surety bond used for arrestees in different criminal cases. Here, the arrested persons are detained before a court hearing. The bail bond is used to let them out of detention earlier. These bails are posted by a licensed agent, acting on behalf of licensed surety insurance companies.

The current bail bond scheme

The current cash bail bond scheme uses monetary payment to release detained persons before their court hearing. It uses many different steps to determine if the bond can be posted and accepted. Here’s how it works.

Determining the bail

When a person has been arrested, they are sent to jail and detained until a bail hearing. At the hearing, the judge will set a specific amount. Those who can pay it off can leave the detention facility, but must attend their court trial. Those who cannot are kept in detention, until their court trial date.

Contacting for bail

When a relative or acquaintance of the arrested calls for bail, they must contact a licensed surety insurance company. These companies have representatives, known as “bail agents.” The person acting on behalf of the arrested must inform the bail agent about the bond they need. This includes details about the case such as the name of the arrestee, the charges filed, and the location of the facility they are detained in.

Payment to the agent

Paying the agent is key to posting bail. Usually, agents charge between 10-15% of the total bail needed. However, that can change depending on the location of arrest and the circumstances of the crime.

Sometimes the payment is given through collateral. These are items belonging to the defendant or the one posting the bail, something of value that can substitute for money. These include jewelry, private vehicles, and even property.

Processing of the bail

Once the transaction is made, the bail agent posts the bond to the court. This allows the defendant to leave the facility. However, they are required to return for their next court hearing. There may also be conditions set by the agent, which the defendant must meet.

If they do not show up or violate one of the conditions set, the agent is forced to pay the entire bail amount as recompense. In turn, the agent finds the defendant and sends them back to jail.

If the contract is completed, whether the defendant is guilty or not, collateral can be returned. If the bond is violated, they could be permanently lost as a result.

The upcoming cash bail reform

Now that you know how the current bail system works, you can better understand the changes the upcoming reform bill will enforce. These are the adjustments you can expect once the Bail Bond Reform takes effect.

Cash won’t be used

The first and most important change is that cash bail will no longer be accepted. Simply put, your cash won’t get you out anymore.

Risk assessment

Since cash bail is no longer used, that presents another problem: how can defendants post bail? It would be unjust to simply lock them up or let them go before their hearing, since that would be ignoring the severity of their crimes (severe crimes are usually denied bail, as will be explained further).

Instead, the decision to bail is now judged on a risk-based system. This will be used to determine if a defendant can leave detention earlier than his court date. It will be tabulated by local agencies who will determine if the defendant is likely to return for his hearing. It also checks if the person is likely to be arrested again.

There are three key levels in this system. The first is “low risk,” where a person is not identified as a threat or possible escapee. That defendant will be released, but there might be other conditions to ensure they go to the hearing.

The second level is “medium risk,” wherein a person could be a risk to public safety. This level is where the local agencies will determine if that person can leave or is held in detention.

Lastly, there is “high risk,” wherein a person is considered a threat and likely to escape. At this level, all defendants would be denied bail. This covers possible felons and sex offenders, violators of parole, and drunk drivers charged for the third time.

Defendant-specific rules

Because of the risk system, another big change is to the defendant’s bail option. In the old system, many crimes could be bailable through the judge’s decision. The only requirement needed is to pay off the resulting bond.

However, the reform changes that completely. Instead, only certain defendants can ever be allowed to leave detention early. Others would be required to stay until their court hearing.

Changes from the Reform

Both left-wing and right-wing parties have looked at the Bail Bond Reform, and have pointed out key facts that make it useful, and can be detrimental. Here are the positive and negative changes that could come from this.

Equal ground

According to KCRA 3, Gov. Brown said the old system was “…outdated, unsafe, and unfair…” That’s because the biggest complaint about the current bail system is that anything can be bailable, with the right amount of cash. This was seen as an economic bias, hurting the poor more than the rich.

Court-based responsibility

Per the new reform, all 58 of California’s superior courts would devise their own risk system. This puts a new level of responsibility, wherein the court themselves or a trusted organization can set the standards.

In that same KCRA 3 article, Clark Kelso, a law professor in McGeorge School of Law, says the system must be done through “scientifically validated risk assessment tools.” This emphasizes evidence-based research as a reason to release or detain defendants.

Monitoring of defendants

Now, the courts would have to determine if a defendant can leave or not. While it may slow down proceedings, it would ensure authorities will be taking a closer look at all possible criminals.

Negative changes

Not everyone is happy with the bill reform. At the start, it was mentioned that even former supporters have looked changed their stance on it. Here are some arguments on why the reform may be more dangerous than expected.

Accountability

With the judges having more power to determine who is going to stay incarcerated and who will be let go. There is no way of knowing if an offender of a misdemeanor crime will walk out and commit another crime. There is no accountability when offenders of any crime has been released.

As we know, California is extremely over populated. Therefore, the police force will not have the time or budget to hire many new police officers to make sure the offenders show up to their court appearances.

Bail Bondsmen take on this task at no cost to the taxpayers and courts, to make sure that all offenders will show up to court.  Also, Bail Bondsman will apprehend their own fugitives at no cost to the taxpayers.

Will the general public really be safe after the cash bail reform goes into effect in October 2019?

California residents already know about the increasing cost of living. With the cash bail reform, taxpayers will see this increase. As stated by ACLU, NAACP and Human Rights Watch, “The real goal was fewer people in jail before trial. They now worry that California will head in the opposite direction.

Loss of work

One noted complaint has been presented by the entire bail bond industry. With this new reform, agencies in California would lose their branches or even their whole business. Greg Padilla of Sacramento, a bail bondsman, even said the reform is “…supposed to eliminate it completely…” according to the previously mentioned KCRA 3 article. Simply put, many agents would end up without a job by October of next year.

Abuse in bias

Many citizens are worried that the courts in charge would be given all the power. In their eyes, defendants could be incarcerated even before conviction. Whether innocent or guilty, those placed at medium or high risk could still be held without bail. The ACLU stated that the bill doesn’t sufficiently address or reduce possible racial bias in the decisions of the court.

More detention

Because bail won’t be posted, some say it will lead to a substantial rise in detained persons. The ACLU cited it doesn’t guarantee a reduction in pre-trial detainees. For example, the ACLU’s Natasha Minsker said that the bill was “…too heavily weighted towards detention.” Rather than protecting the people, there’s a worry that it could cause more harm for those being held.

Conclusion

With these different reforms, there is no doubt that the current bail bond system and industry is put at risk. From a cash-based bailout, defendants will now have to be assessed. The results could either set them free or be detained. Although it removes money as leverage, only time will tell whether the new system will work or not.

References:

https://edition.cnn.com/2018/08/28/us/bail-california-bill/index.html

https://www.aboutbail.com/pages/how-bail-bonds-work

https://www.independent.co.uk/news/world/americas/california-cash-bail-end-state-courts-discrimination-poor-jerry-brown-a8512211.html

https://www.wsj.com/articles/california-eliminates-cash-bail-accelerating-a-national-trend-153548866

https://www.kcra.com/article/5-things-to-know-about-californias-new-bail-reform-law/22857731

https://www.politico.com/magazine/story/2018/08/29/california-abolish-cash-bail-reformers-unhappy-219618

https://www.npr.org/2018/08/28/642795284/california-becomes-first-state-to-end-cash-bail

https://www.sacbee.com/news/local/crime/article217483800.html

https://vistacriminallaw.com/the-pros-and-cons-of-bail-reform/

https://www.aboutbail.com/pages/how-bail-bonds-work

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/bail.html

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