There is much confusion surrounding bail in the Federal court criminal justice system and very few have the knowledge and background to assist you, or even explain it clearly. Unlike state court, it’s not a simple process of having a local bail agent run to the jail to have a loved one released. There are several possibilities for bail in Federal Court and most take a few days or even weeks to submit. Determination for bail is always made by the Judge or Magistrate handling the case.
Appearance Bond (Affidavit of Surety - no justification)The is the simplest form of bail in the federal court system. It is nothing more than having a friend or family member sign a form (CR-04 form, “affidavit of Surety (no justification)) which personally guarantees the court bail money if the defendant skips court or fails to comply with conditions.
The Judge or Magistrate will determine the bail amount and who qualifies to become a surety on the bond. Usually only financially stable people qualify as sureties (employed, steady income, etc.).Corporate Surety Bonds or Federal Bail BondsThis bond is much like a state bail bond where insurance is purchased and submitted to the court as a financial guarantee. However, in Federal Court the surety bond guarantees not just appearances to court but also all conditions of bail or “performance”.
This may include drug testing, travel restrictions, pretrial monitoring and other conditions. If the court learns a violation has occurred, it can forfeit the bond immediately and demand payment in full from the bail bond company. Because of this added risk the cost is higher than state bail (normally 15% of the bail amount) and collateral is always required to guarantee the bond. Bail Bond Professionals is one of the very few agencies approved to write Corporate Surety Bonds throughout California.Appearance Bond (Affidavit of Surety – Property)This appearance bond uses real estate to guarantee the bond. The judge or magistrate determines which property can be used and the amount of bail needed.
The property must have at least the bail amount in equity. Equity is determined by subtracting any outstanding liens or money owed against a property from the current market value. For example; a home appraised at $250,000 which has a mortgage balance of $100,000 has equity of $150,000. The courts are very specific about how these bonds can be prepared. Appraisal, title reports and other documents are required. It is highly recommended you turn to an expert for help with these types bonds. Court approval is not easy and defendants can be held in custody longer if bonds are done incorrectly. Bail Bond Professional is the recognized federal bond expert in southern California.For more information on Federal Bail Bonds, call us first (888) 389-2245.
