How Long Does It Take To Reinstate A Bond

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If you violated the terms of your bail, then you probably were arrested and turned over to the police. The judge then revoked your bail and you forfeited your bail. Unless the bond visitor agrees to reinstate the bond, you volition have to get another ane. You tin become some other bail bail in the same manner that you got your first one—contact a bail bondsman and talk virtually getting a new bond.

1. 1

   Make certain bondsman can work in your state. Some states have outlawed the do of being a private bondsman. If you live in a state where bondsmen are illegal, you volition accept to find another way to post bail. Fortunately, in those states, y'all are more likely to be able to postal service a percentage of bail on your own and be released. The following states exercise not permit individual bondsmen:^[1]

   • Illinois
   • Kentucky
   • Maine
   • Nebraska
   • Oregon
   • Wisconsin

2. 2

   Be enlightened of how bail bond fees work. A bail bondsman deposits the corporeality of your bail with the court so y'all can exist released from jail while you await trial. In render for posting bail for you, the bond bondsman will accuse you a nonrefundable fee. A bail bond is substantially a contract between the government and the bondsman. If you fail to show upward for court, the government will collect the bail amount from the bondsman.

   • In general, the fee you will be charged will be 10% of the total bond amount. For example, if your bond is set at $xx,000, the bondservant will charge you $2,000 to post the total bond on your behalf. If yous neglect to appear, the bondsman will lose $eighteen,000. At this indicate, the bondsman will come subsequently you, or any co-signors, to try and recoup their loss.^[2]

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3. 3

   Find a bond bondsman online. You can get a second bond in much the aforementioned style that you got your initial bond. Beginning, you lot should Notice a Bond Bondsman. There are online databases you tin can search, including the following:

   • world wide web.bailbond.com
   • bailbondsnetwork.com

4. 4

   Ask friends or family to find a bondsman. If you lot've been recently arrested and returned to jail, it is probably difficult for you to find a bondservant on your own. Yous should call your friends or family and ask them to find a bondservant.^[3]

   • Often, bond bondsmen take offices near the jail or the police force station. Your friend or family fellow member could end in and talk with them.

5. v

   Check that the bail bondsman is licensed. You should only work with licensed bond bondsmen. Bail bondsmen are typically licensed by their state'south Section of Insurance. You lot can ask any agent for their registration number.

   • Write downwards the number and then double check that the agent is registered. You tin usually cheque by visiting your state's Section of Insurance website, which usually has a "Wait Up" feature you can use.^[iv]

6. 6

   Read reviews. You want to make certain that the bond agent is reputable, so you should do some preliminary research. Y'all tin check your local Meliorate Business Bureau (BBB) and look to come across if any complaints have been filed.^[5]

7. 7

   Contact the bail bondsman. Yous tin phone call up the bondservant and explicate that y'all would like to become a bond. You lot should explain that you had your prior bond revoked and answer any questions the bondsman has. Yous should also discuss the following details:

   • Whether you will pay the fee upfront or if you can pay in monthly installments.
   • Whether involvement volition exist charged. If so, find out the amount and how information technology is calculated.
   • Whether you need to put up property as collateral. You lot might not have put annihilation upwardly as collateral on your first bond. However, a bond agent might require collateral for the second. "Collateral" is holding you lot pledge to secure the bond. If you violate the terms of your bail, then the bondsman has to pay into court the full amount of the bond. In render, he or she tin then take your collateral.
   • How long the bondservant waits before endmost on collateral. Should y'all neglect to obey the conditions of your bond, and so the bondsman can close on the collateral. Find out how much time you have before they close on the property.
   • How the bond amanuensis provides receipts and other proof of payment.

8. 8

   Clarify when the bondservant will surrender you. More often than not, the bondservant has the right to take you into custody and turn you lot over to the police if yous violate any term of your bond contract. However, some bondsman volition but put you in jail if the judge revokes the bail. Yous should inquire for the bondsman'due south practice.

   • Definitely endeavour to avoid any bondsman that will take you into custody because of minor violations, such as failing to call them one twenty-four hour period. This blazon of bondsman could cost you lot more than they are worth.

9. 9

   Review the contract before y'all sign it. When you detect a bond bondsman you lot want to work with, they will requite you the terms of the understanding in a written contract. Make sure you read this contract advisedly and understand it before you sign it. Bond contracts can be incredibly harsh on clients and you lot need to brand sure you can meet the terms of the contract. In full general, the contract volition indicate:

   • How the nonrefundable fee is to exist paid (due east.grand., 1 upfront fee or monthly payments)
   • Whether any interest will be tacked on to your normal payments
   • If collateral needs to be put upwardly (e.chiliad., your dwelling house)
   • Who the co-signor is, if y'all have ane
   • Whatever other conditions the bondsman sets for posting bond on your behalf

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1. one

   Identify the blazon of bail bachelor to you lot. Unlike courts will handle bail in dissimilar ways. While a lot of courts will allow you to rent a bondservant or mail cash bail yourself, other courts practice things differently. For example, Some courts will allow you to mail service a percentage bail, which requires you to pay effectually 10% of the full bond amount. Other courts volition let you lot to mail existent estate as collateral for your release. In this case, you will offer your holding every bit collateral, and if you lot fail to evidence up for court, the court may take your property from y'all.^[half-dozen]

   • In a few courts, you can submit a written promise to appear in courtroom. If you break this hope, the court will charge you lot the full amount of bond. If y'all appear for all of your court appearances, you ill not have to pay anything. This is chosen an unsecured bail.

2. two

   Read your contract before signing. Your bail contains a fix of "conditions," i.due east., things you lot must practice. These conditions are set up by the court, simply they can besides exist set by contract with the bondsman.^[vii] You should read your contract closely so that you sympathise all of the conditions. Mutual conditions include:

   • undergoing drug or alcohol handling programs
   • continuing with school or a task
   • reporting regularly to the bail bondsman

3. 3

   Pay your fee again. If you become released on bail a 2d fourth dimension, then you have to pay the fee for the second bond. For example, if your first bond bond was $20,000, so y'all probably paid $2,000. If your second bond is $xx,000, then you will have to pay an additional $ii,000.

   • The fee you paid for your revoked bond will not be refunded to you.^[8] For this reason, you might want to endeavor and get the original bond reinstated, which could save you money.

4. iv

   Get a cosigner, if necessary. You might not exist able to afford the bond fee on your ain. In this situation, you will demand someone to cosign for you. This person is responsible for helping the bond amanuensis find you if you miss a court hearing, and the cosigner is also financially responsible on the bond contract.^[9]

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1. 1

   Ask the bond amanuensis if they will reinstate the bond. You generally need the bondsman's permission to reinstate the bond one time it has been revoked. You lot should talk to the bond company about whether you lot tin get the bond reinstated. Reinstating the first bond instead of buying a 2nd one could be much cheaper for you.

   • Ideally, you should have immediately contacted your bandsman if you missed a courtroom date or violated some other condition of your release.
   • If you did, then the bond visitor may be willing to reinstate the bond considering you are honest and not trying to jump bail.

2. 2

   Place the reasons you can become a reinstatement. Yous might accept violated your bail, merely not all violations are serious. Both the judge and your bondsman might agree to reinstatement if you had a legitimate reason for violating your conditions of release. Valid reasons include:^[10]

   • Your violation was unintentional. For example, a medical emergency might have prevented you from getting to a court hearing.
   • You weren't aware you were violating the terms of your bail. For case, you might have failed a drug exam because of a valid prescription drug y'all were taking.
   • It didn't cost the regime annihilation to apprehend you. If yous turned yourself in, and so the government hasn't expended whatever resources finding y'all.
   • The government hasn't been prejudiced by your violation.

3. three

   Get a court form. Your court might have printed, "make full in the bare" forms you can utilise to inquire the judge to set bated whatsoever forfeiture of the bond and to reinstate it. Ask the court clerk for the form. Sometimes, these forms are published on the court'south website.

   • Often, the bail company will have to sign a form granting permission for reinstating the bond. You should become the grade from the court.^[11]

4. iv

   Draft your own motion. If in that location is no grade to file requesting reinstatement, then you will have to draft your own. The bond company may exist willing to typhoon and file the motility for you, since you are in jail. Talk to the bail agent and work out an understanding. A proper motion should incorporate the post-obit:^[12]

   • The caption information. This includes the name of the court, the names of the parties (the state and yous every bit the "defendant"), and the case number.
   • A proper title. Ofttimes, this motion is titled "Movement to Set Aside Observe of Forfeiture and Reinstate the Bond."
   • A request to gear up bated the forfeiture and reinstate the bond. You lot should identify the date the bond was forfeited and inquire that it be reinstated. Give your reasons for reinstatement.
   • A argument that the bond bondservant agrees to the reinstatement as well as their signature.
   • A certificate of service, stating how you sent a copy of the motion to the prosecutor.
   • Proper formatting so that the motion is piece of cake to read (e.grand., 14-point font, double-spaced, with one-inch margins).

5. 5

   File the motion or form with the court. Yous should brand several copies of your motion. File the original with the court clerk. In that location may be a fee that you have to pay to accept the bond reinstated. If yous can't afford it, ask nearly a fee waiver.^[13]

   • If the bail bondsman drafted the motion, and then he or she can file it. Inquire for a copy.
   • If you drafted the motion, and then you will probably have to mail service it to the court, since you are in jail.

6. 6

   Send the prosecutor a re-create. Typically, you must provide the prosecutor with a copy of your motion to reinstate bond. You can generally mail the copy to the prosecutor, who has a adventure to oppose your attempt to reinstate the bond bail.

7. 7

   Attend a hearing. The estimate may concord a hearing to decide whether to reinstate your bail bond. The approximate may ask you questions. Be sure to answer honestly and never interrupt the judge. Ever call the approximate "Your Honour."^[14]

   • If the judge grants reinstatement of bail, then he or she will sign an order to that event. Y'all should get a copy of the order.^[15]

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