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Which bail system requires the defendant to pay a percentage of the bond to a bonding agent who then posts the full bail amount?
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∙ 10y ago
Surety bail system
Wiki User
∙ 10y ago
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What is a commercial bail?
Commercial bail refers to those instances when the bail bond is posted by a bail bondsman. Commercial bail is often referred to as surety bail bonds. When commercial bail is used, the bonding company is an insurer against the defendant failing to appear in court. The insuring bonding company's premium for is a percentage of the total bond amount (usually 10%).
What is the difference between the judge giving a surety bond or cash surety?
A surety bond can be supplied by a bailbondsman who only puts up a percentage of the amount of money needed, but is liable for the whole amount if the defendant absconds. Cash surety is the ENTIRE amount of the bond must be posted, not just a percentage of it, as in the previous example.
What is the type of bail where the defendant deposits a percentage of the bail amount?
It is called a corporate surety bail bond. A licensed bail bond company enters into an agreement with the defendant and the court. The defendant pays the bail bond company a fee, usually 10--15% of the bond amount set by the court. The bail bond company agrees to pay the court the amount of the bond if the defendant fails to appear for trial at any point that he is out on bail. The bail bond company does not actually provide the bond amount unless the defendant fails to appear.Sometimes the court will require that a defendant obtain a corporate surety bail bond even if he has the assets to put up for bail. This is usually done when the defendant has access to a considerable amount of assets, say proceeds from an illegal activity, and the court wants a third party to guarantee the defendant's appearance. Bail bond companies don't like to pay bonds when their clients "skip" trial, and will pursue the defendant relentlessly. For that reason, some judges will order a defendant held pending establishment of a corporate surety bond.Also, most bail bond companies don't actually have the funds on hand. They are financed by finance companies who specialize in providing such bonds. If the defendant fails to appear and is declared a fugitive, the financing company is the one who actually provides the funds. However, the bail bond company is still obligated to the financing company. If the amount of bond is high, most bail bondsmen will require the defendant, or someone willing to assist the defendant, to put up an asset as collateral. This quite often is real estate, in which case the defendant mortgages his property to the bail bondsman.In some jurisdiction, the court will allow the defendant to pay to the court the usual percentage in lieu of obtaining a bond. So, if the court sets the bond amount at, say, $10,000, the defendant can pay the court $1000 cash in lieu of obtaining the bond. In most cases, the defendant receives a refund of the cash amount once his case has been adjudicated. This usually only happens when the risk-of-flight of the defendant is considered minimal.
In VA if the amount being sued exceeds the amount the auto insurance covers what will the defendant be responsible for paying if the defendant owns no real propery and has no assets but is employed?
Wages will be garnished.
Does a bail bondsman pay the entire bond amount?
The bail bondsmand does not pay the full amount unless the defendant fails to appear at trial or any hearings that require his appearance. A licensed bail bond company enters into an agreement with the defendant and the court. The defendant pays the bail bond company a fee, usually 10--15% of the bond amount set by the court. The bail bond company agrees to pay the court the amount of the bond if the defendant fails to appear for trial at any point that he is out on bail. The bail bond company does not actually provide the bond amount unless the defendant fails to appear.Sometimes the court will require that a defendant obtain a corporate surety bail bond even if he has the assets to put up for bail. This is usually done when the defendant has access to a considerable amount of assets, say proceeds from an illegal activity, and the court wants a third party to guarantee the defendant's appearance. Bail bond companies don't like to pay bonds when their clients "skip" trial, and will pursue the defendant relentlessly. For that reason, some judges will order a defendant held pending establishment of a corporate surety bond.Also, most bail bond companies don't actually have the funds on hand. They are financed by finance companies who specialize in providing such bonds. If the defendant fails to appear and is declared a fugitive, the financing company is the one who actually provides the funds. However, the bail bond company is still obligated to the financing company. If the amount of bond is high, most bail bondsmen will require the defendant, or someone willing to assist the defendant, to put up an asset as collateral. This quite often is real estate, in which case the defendant mortgages his property to the bail bondsman.In some jurisdiction, the court will allow the defendant to pay to the court the usual percentage in lieu of obtaining a bond. So, if the court sets the bond amount at, say, $10,000, the defendant can pay the court $1000 cash in lieu of obtaining the bond. In most cases, the defendant receives a refund of the cash amount once his case has been adjudicated. This usually only happens when the risk-of-flight of the defendant is considered minimal
What if you only posted 10 percent of a bail and the person jumps bail what are the consequences for you?
If you posted only 10 percent of the bail amount and the person jumps bail, you may still be responsible for the remaining 90 percent of the bail. The court could revoke the bail bond and issue a warrant for the arrest of the person who jumped bail. As the co-signer of the bond, you may also be pursued by the bail bond company for repayment of the remaining bail amount. Ultimately, you could face financial consequences and potentially legal action.
How does chemical bonding between water molecules make water a valuable coolant in organisms?
Hydrogen bonding occurs between adjacent water molecules. This is a strong intermolecular force. Water hence requires a lot of energy to change from a liquid to a gas. The evaporation of water hence has a cooling effect as a small amount of water requires a lot of energy to evaporate, removing heat in the process.
What is the meaning of sentence suspended execution?
* S.E.S. = Suspended Execution of Sentence: The defendant is placed on probation with an incarceration amount preset in case of revocation. * The Judge is limited to executing only that sentence if the defendant is revoked. An S.E.S. is a conviction for all purposes. * The judge may impose whatever conditions on defendant's probation deemed appropriate. * CAO will ask that particular conditions be imposed on case-by-case basis. (e.g. shock time, community service, drug education, restitution, court costs.) * Defendant is ordered to report to Probation and Parole immediately. * Maximum amount of time defendant can be on probation is 5 years for a felony and 2 years for a misdemeanor. * RSMo 559.115 allows the Judge to sentence a nonviolent defendant to incarceration in M.D.C. but call back the defendant before 120 days has elapsed and grant probation. This is sometimes called "shock" time. * The defendant may be ordered to complete drug or alcohol treatment while in M.D.C. * This program requires an S.E.S. * If the defendant violates probation, he or she will face incarceration for the remainder of the original sentence set by the Judge. * RSMo. 217.362 allows the Judge to sentence a nonviolent defendant to a two year drug treatment program in M.D.C., then call back the defendant and grant probation. * This program also requires an S.E.S. * S.E.S. = Suspended Execution of Sentence: The defendant is placed on probation with an incarceration amount preset in case of revocation. * The Judge is limited to executing only that sentence if the defendant is revoked. An S.E.S. is a conviction for all purposes. * The judge may impose whatever conditions on defendant's probation deemed appropriate. * CAO will ask that particular conditions be imposed on case-by-case basis. (e.g. shock time, community service, drug education, restitution, court costs.) * Defendant is ordered to report to Probation and Parole immediately. * Maximum amount of time defendant can be on probation is 5 years for a felony and 2 years for a misdemeanor. * RSMo 559.115 allows the Judge to sentence a nonviolent defendant to incarceration in M.D.C. but call back the defendant before 120 days has elapsed and grant probation. This is sometimes called "shock" time. * The defendant may be ordered to complete drug or alcohol treatment while in M.D.C. * This program requires an S.E.S. * If the defendant violates probation, he or she will face incarceration for the remainder of the original sentence set by the Judge. * RSMo. 217.362 allows the Judge to sentence a nonviolent defendant to a two year drug treatment program in M.D.C., then call back the defendant and grant probation. * This program also requires an S.E.S.
A dependent will go free if a reasonable amount of this exist?
If a reasonable amount of doubt exists a defendant will go free.
How do you calucate percentage?
The simple way to calculate percentage is to divide the given amount by the total amount and then multiply the answer by 100 to get the percentage of the given amount in respect of the total amount
Lawsuit Demand letter?
A lawsuit demand letter is generally a letter from the injured person's lawyer to the defendant or the defendant's lawyer stating the amount of money the plaintiff is suing for.
Who recommends to the court the amount of bond that should be set for the defendant in a criminal case?
The prosecutor.
