HOW BAIL BONDS WORK

The amount of bail issued by a bail schedule, and that is posted is supposed to be a large enough deterrent to prevent the defendant from fleeing and instead, force them to go to court.

YOu signed a contract with the bondsman (or 100% cash bail to the court) that you would show up to any and all court appearances. Should you fail to show to court, you may have a bench warrant for your arrest, additional charge of bail-jumping and will lose the money you put up for your bond.

It may take anywhere from 3 to 4 hours. While it takes less than an hour to get the bond paperwork written and approved, plus payment made. The length of time it takes to get someone out of Polk County jail (or any jail) depends on day and time. During peak hours, when the jail is full, it may take several hours to get the defendant through booking.

To bond someone out of the Polk County detention facility you will need to provide a bail bondsman with the following information:

• Defendant name
• Amount of bail
• If you are cosigning, the bondsman will also need to know:
  1. Where you work and for how long
  2. How long you have been at your address
  3. Do you own or rent your home
  4. How long have yo known the defendant
  5. Your relationship to the defendant
• Identification of all cosignors
• Collateral based on the bond amount an defendant history.
• Acknowledgement that you understand how bail works and what happens if the defendant skips court appearances and runs off

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You may be required to put an amount down for collateral. It could be more funds, your home or property or any other item that would cover the cost of the bond should the defendant skip bail. You will get this collateral returned to you once the trial has completed or the charges have been dismissed.

Certain bail conditions might be applied to the defendants release. Such as living at a particular address, not being allowed to leave the state, checking in with a bondsman, not drinking or doing drugs (drug testing) or having someone act as surety, if the court considers that this is necessary:

• Used to ensure the defendant follows the rules of the court:
  • No drinking or using drugs, with surprise urinalysis
  • Checking in with bondsman weekly
  • Wear a monitoring bracelet
  • Abide by any and all court rules
  • Not leaving the state/county or home confinement
• Meant to prevent the defendant from absconding
• Prevent the defendant committing further offenses while out on bail
• Prevent a defendant interfering with witnesses;

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There are several reasons why you should bond someone out of the Polk County detention facility.

• They may be at harm if in jail with the wrong charges
• They may be in harm if the guards don't understand the person has mental health issues or needs medication
• Allows the defendant to prepare for their case better
• Allows a jury to see that the defendant has people that are working to help and guide them. Goign to court in an orange jumpsuit does not sit well with jurors (which is why you always see people dress-out in suits).
• Allows the defendant to get back to work caring for their family

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As the cosignor, you're responsible for the defendant, because if they skip bail, you will be liable for 100% of the bond plus any associated fees. These duties may include:

• Making sure the defendant makes all appearances to court.
• Ensuring the defendant notifies the bail bonds company of any changes to their address, phone or employment.
• Making sure the premium is paid (if you are on a payment plan).

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A defendant in Polk County, FL has an absolute right to bail if the custody time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it. According to the 8Th Amendment; any person accused of committing a crime is presumed innocent until proven guilty in a court of law. Therefore, a person charged with a crime, should not be denied freedom unless there is a good reason.

If the defendant has previous convictions for certain homicide or sexual offenses, there will be a bail hearing, but the defendant will be locked up until that time.

There are many reason why a defendant would not be eligible for bail, major reasons would be the type of crime committed or the defendants history of crime or absconding. Other reasons for denying bail or revoking bond are:

1. Skips bail (abscond)
2. While on bail the defendant commits additional offenses
3. Interfere with witnesses
4. Has interactions with the police

The court typically takes into account:

1. The nature and seriousness of the offense or revocation
2. The character, associations and ties to the community
3. The defendant's arrest record
4. The evidence presented

The court may also refuse a defendant bail if:

• The defendant needs to remain in Polk County jail for their own protection;
• where the defendant is already serving time for another offense;
• The defendant has history of absconding;
• The defendant has been convicted but the court is awaiting a pre-sentence report;
• Defendant was out on bail and has been arrested for absconding or breaching bail.

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