What are the different types of bail?

Surety Bond
This process is a contractual undertaking, which involves a licensed bail agent, an indemnitor, and the court. The courts tend to favor this form of release, because it guarantees that if the defendant fails to appear in court, the bail agent will make an immediate effort to apprehend the defendant, and bring them back to the proper jurisdiction. By involving family and friends of the defendant, a bail agent and the courts are reasonably assured of the defendant's appearance.

Cash Bail
Cash bail means that the person who is trying to obtain the release of the defendant must deliver the full amount of bail in cash to the jail facility where the defendant is being detained.

Property Bonds
These bonds are limited in Florida to Federal Court. Property bonds involve the placing of local real estate (homes only, no raw land or out-of-state homes) with the courts as security for the release of a defendant. This process typically takes 1 to 2 weeks, because it requires a judge's approval, a property appraisal, a comparable sales comparison, and the clerk's acceptance. However, most states do not accept property bonds.

OR
Release on One's Own Recognizance is given to defendants who have been in the community for many years, have solid jobs, strong family and community ties, and present little or no risk of flight. This form of release is common only for first-time offenders and non-violent offenses. There is not financial or other security placed with the Court to insure the defendant’s appearance.

Electronic Monitor/In House Arrest
This usually is a condition of release in addition to a regular bail bond. .This device is usually in the form of an ankle bracelet. It sets off an alarm if a person strays too far from its base located within the defendant's home. It is supervised by law enforcement sometimes with GPS capabilities.

Pre-Trial/SOR
This release program is usually administered by the Court or a local law enforcement agency.  A criminal history background check is performed, and a recommendation is given to the court based on those findings a determination is made if you qualify for this program. You are expected to report in person to the Agency office and pay a fee. The term of Pre-trial runs through the term of the court case. There may be additional conditions placed upon a Defendant placed in this program.

Is there terminology that I  may need to know?

Yes, the following are common terms used in the bail industry that you should be aware of.

Collateral - You are paying a premium to have the bond posted.  Collateral in some circumstances may be required to ensure that the indemnitor and/or the defendant have the ability to pay the full amount of the bond in case of forfeiture.  Collateral is refundable and the only deduction allowed by law is a credit card processing fee if the collateral was paid using a credit card.  Collateral must be returned to its owner within 21 days after being discharged from the Court. In the event of a forfeiture, there may be additional charges allowable under Florida Statute.

Exoneration/Discharged - To declare free of all blame and penalties. This occurs when the case against the defendant is over.

Forfeiture - A forfeiture is issued by the Court when a defendant does not appear for a scheduled court date. You are signing responsibility for the full amount of the bond.  Should the defendant not appear in court you are breaking your contract with the bondsman and the penalty should the defendant not be found may result in your having to pay the full amount of the bond.

Indemnitor - A person or company that covers or ensures against loss or penalty.  The indemnitor on the bond is the person that is taking responsibility for the defendant.  The indemnitor is entering into a legally binding contract that makes them financially responsible should the defendant not appear in Court.

Premium- The premium is the amount set by Statute that you pay for the bond to be posted.  In Florida State Court that amount is 10%, in Federal Court the amount is 15%. Any bond less than $1000 is $100.00.  If the bond is not in the County or out of State there may be additional transfer fees.  Be wary of anyone offering to charge less or more than prescribed by Statute.  This is against the law and may result in the Defendant being arrested again.   The premium is non-refundable but is only earned once the defendant has walked out of the jail. 

How long does it take to get out of jail?

The time it takes to get out of jail depends on the facility in which the defendant is housed.  McDermott Bail Bonds does everything it can to ensure a speedy release.  Self surrenders are arranged at times when the jail activity is minimal.

What if I believe that the Defendant will not appear in Court?

If you have reason to believe that a defendant will not appear in Court, you should immediately report it to us.  Reporting is confidential but will result in a great deal of savings if the situation can be handled in advance of a forfeiture.