FREQUENTLY ASKED QUESTIONS ABOUT BAIL BONDS
Below are links to pages which answer the most frequently asked questions about bail bonds. If you have questions about anything that we did not answer in the pages below, you can speak to us directly.
Please do not hesitate to call us at: (804) 649-7333
What is a bond?
Bonds are a part of our legal system in Virginia and throughout the country. A bail bond allows an accused person to be temporarily released from custody, so they can continue their lives while they prepare for their day in court. In criminal cases, a sum of money, real property or surety bond needs to be posted by or on behalf of a defendant. This is to guarantee their appearance in court. The right to reasonable bail is guaranteed to you in the Eighth Amendment of the Constitution of the United States.
Please CONTACT us and Call Now
What is bail?
Bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail. This happens with the understanding that the suspect will return for trial. If they do not return to trial, they forfeit the bail. If you miss court and forfeit the bail, you will possibly be brought up on charges of the crime of failure to appear. In some cases, bail money is returned. That will happen only at the end of the trial. And only if all court appearances are made. This is regardless of whether the person’s found guilty or not guilty of the crime accused.
What if your loved one has no bond hearing?
If your loved one is in jail and does not have a bail bond in Henrico or Chesterfield VA, there is an excellent chance your loved one could get out of jail. But the only person that can give your loved one a bond at this point is a judge.
Only a lawyer can ask a judge for a bond hearing
The only person who can set up a bond hearing is your lawyer. Your loved one will either need to have a court-appointed a lawyer or a paid lawyer.
Your loved one will need a bail bond hearing
When someone's arrested, they see the magistrate. If the magistrate holds you with no bond, then you see the judge the next day at your arraignment. If the judge continues to keep you with no bond, then you have to have a bond hearing.
Court-appointed lawyers can ask for a bond hearing
If you do not have the money to pay for a lawyer. The court-appointed lawyers will help. But the lawyer has to ask the court for a bond hearing. We can help you communicate with the court-appointed lawyer.
If you would like, we can refer you to a reputable lawyer
We can refer you to some outstanding lawyers in the area if you need one. Lawyers who we know and trust, unless you already have a lawyer in the area.
We are part of the community and have been here for generations
Our family has been living in the Richmond area for over one hundred years. We are very involved in the community. We know reputable people, people we have worked with and have built trusting relationships with.
We’ll give you the number to the public defender’s office
If you call me, I can give you the phone number to the public defender’s office. If you call the public defender’s office, they will give you the name and number of the public defender who is representing your loved one.
We can work with the public defender on your behalf
With the court-appointed lawyers, they sometimes have a lot of work on their hands. You may have to bug them a little bit to get the bond hearing moving along. Sometimes you have to call the public defender and nudge them a little. I will call and say “my client needs a bond hearing ASAP. Can we get this matter in front of a judge sooner than later?” We can help you with that. These lawyers can get a bond hearing within a couple of days.
Paid lawyers seem to move the process along a bit faster
In our experience, a paid lawyer gets the bond hearing a bit sooner. And therefore your loved one home sooner. A court-appointed lawyer can as well but sometimes they need a phone call or two, and we can help you with that.
Once a bond hearing is scheduled, it usually happens within days
Once the lawyer asks a judge for a court date for the bond hearing, a court date is issued. Usually, it takes a few days. Then the judge has time to hear the whole case. The judge can listen to your loved one's side and hopefully, they will get a bond and be home soon. There is no guarantee your loved one will get a bond but often in these cases they do.
And then we will be there ready to get your loved one out of jail
If your loved one is from out of state, they might not get a bond. So setting up a bond hearing in front of a judge is the proper thing to do. And often leads to your loved one being released.
Why the judge might not issue a bail bond
When deciding a bond, a judge weighs risk to the community and risk of flight. If your loved one is out of state and they get an attorney, more likely than not they will get a bond and be released.
What are the two types of bondsman, property bail bondsman and surety?
There are 2 types of bondsman in Virginia. Property Bail Bondsman and Surety ( Insurance Company ) Bondsman. Property Bondsman have their own real estate pledged. The bondsman’s property is pledged with the state as collateral. A surety bondsmen work with insurance companies to have collateral for the state. A surety bondsman has to buy insurance to cover the bond. They do not have as much skin in the game as a Property Bondsman.
Henderson Bail Bonding is a Property Bail Bonding Company
We have real estate (equity) that we own pledged as collateral. As required by law, the state has 1st deeds of trust recorded on all the properties we use as collateral. This gives the state security, knowing we can cover any bonds. If they go wrong, the state knows we will be responsible and pay the court when a bond is due. We have skin in the game. We recently increased the amount of real estate (equity). We have pledged to over $1,600,000, one million six hundred thousand dollars. Our real estate is located locally, in Richmond and Henrico VA.
What are the requirements to become a bail agent?
Requirements to become a bail agent:
Clean criminal record
40 hours of education from a licensed bail bond school
Complete a comprehensive FBI background check
Pay $1100 licensing fees every 2 years
Always follow bail bond regulations and laws that protect the public and to always be of good moral character
Every 2 years, complete 8 hours of continuing education
We here at Henderson Bail Bonding are up to date and current on all licenses and procedures in the Commonwealth of Virginia.
How can a bond be posted?
There are three ways to post a bail bond in Richmond or Henrico VA:
A Bail Bondsman can assist in this process and post bail for a fee (around 10% of the bond amount for this service)
Someone, other than the person in jail, can put up Real Estate or a house to the court as bail
You can post up the entire bail amount in cash
What is the bail bonding process when GPS, home electronic monitoring is ordered?
In some cases, a judge will order GPS monitoring for someone who is being released from jail on a bail bond. We can help guide you through the process to ensure a speedy release. We can find out quickly if your person has GPS or not.
This is how it works:
The judge might order a GPS monitoring device for someone bailed out of jail. This is the process if your loved one is ordered to wear a GPS monitoring device. We must wait for paperwork to get from the court to the jail. Only then we can start the bond process.
We tell the jail we want to bond your person and the process starts. We can call the appropriate people and give you the phone numbers of the right people to call. Together we can ensure that the jail knows we want this to happen as fast as possible. Unfortunately, the jail is busy and gets side tracked and your person can get lost in the shuffle. We can keep the jail on track to get your person out.
In some cases, the GPS department will first have to visit the house where your person will be living. Then they go back to the jail and start the bond process. Once the bond process starts. Your loved one will be brought downstairs to booking. The GPS monitor is then placed on the person who is being bonded. We are then allowed to post the bond. Once you are home with a monitor, you will have to check in once a week with the GPS people. There you will have a chance to tell them about places you will need to go. Based on the information you provide. They can change the stipulations on the monitoring.
We have helped many people through this process. We have called the GPS people on our client’s behalf’s on many occasions. We will work with you on getting your person out. We also have called the courts many times. This is to get them to send the paperwork over to the jail. Sometimes they either forgot or are busy. This results in delays and the individual not being released in a timely fashion. We go the extra mile and make sure your loved one is home as soon as possible.
We can help in many ways
Call Us (804) 649-7333
How does the bail bonding process work?
Usually, the Bail Bondsman will meet you at Henrico County Jail or City of Richmond, VA. There, you will pay the bondsman and sign the appropriate paperwork. It usually takes an hour or so to get the person out. The court system will set the amount of bail required for the defendant’s release. A bail bonding company can provide a type of insurance policy. Otherwise known as a “bond”. The bond guarantees payment of the full bail amount to the court. If the defendant does not show up for all scheduled appearances. The bond is forfeited to the court. These bonds are offered by licensed bail bond agencies like Henderson Bail Bonding.
Can I make payments?
Henderson Bail Bonding provides simple, easy payment plans for Richmond and Henrico VA. Our payment plans help you to secure your loved one’s quick release and affords you some peace of mind. We are on your side to “help you through it.”
What determines your Bail Bond Payment Options
Bail Bond payment options are determined by the amount needed to post bail. Also, who will cosign the bail agreement? The cosigner is needed if the individual is unable to pay the premium amount on their own. There’s a multitude of payment options we’ll discuss with you. We tailor to every payment option to the individual needs of our clients.
Do you need Bail Bond payment collateral?
Collateral is sometimes needed, but not always. There are rare instances when we request it, but these are considered on a case-by-case basis. We will work with you to provide a workable solution for your specific situation
Please CONTACT us and Call Now
What's an Indemnitor and Guarantor?
A Indemnitor or Guarantor is the person(s) willing to be responsible for the defendant while they are out on bail and co-assumes financial liability to guarantee the full bond amount.
What is bail bond exoneration?
A bail bond in Henrico County is exonerated when the legal process/trial has finished. It does not matter whether the defendant is found guilty or innocent or the case is dismissed. At this point, the liability for the bond amount is discharged. However, any unpaid premium, fees or charges incurred by the bail agency on your behalf are still owed to that agency.
When does bail bond forfeiture take place?
Bail bond forfeiture in Henrico County VA results when a court appearance is missed. If a defendant misses a court date, a bench warrant is issued for their arrest. The court also sets a deadline for when either the defendant must be located/returned to custody or the bail bond “reinstated” or the bail amount must be paid to the court.
What is a summary judgment?
A summary judgment is issued by the court following a bond forfeiture in Henrico, Chesterfield, and Hanover VA. This is a judgment against the surety for a payment of the bond amount. The summary judgment is issued because the deadline for reinstating the bond or returning the defendant to custody has passed.
What is bail bond reinstatement?
This is a process by which a defendant in Henrico, Chesterfield, or Hanover VA. Who has experienced a bail bond forfeiture can have their bench warrant removed. Also, the bail bond can be re-activated or “reinstated” with the court. This is a legal proceeding that usually requires action by an attorney. And, it could result in fees being paid by the bail bond agency. These fees are, in turn, passed along to the defendant (indemnitors). Due to the time, it takes for the courts to process these fees. The billing for this process can take several months to complete.
What is considered by the court in fixing the amount of the bail?
In Henrico or Chesterfield VA, the amount of the bail bond is first within the scope and discretion of the judge or magistrate. There are only two general limitations:
The purpose of a bail bond is not to penalize or punish the defendant. But to secure the appearance of the accused, and it should be set with that in mind.
Excessive bail, not warranted by the circumstances or the evidence at hand, is a violation of constitutional rights. When fixing the amount of the bail bond. The court takes into consideration the seriousness of the charge. The court also considers the defendant’s previous criminal record. Moreover, the court looks at the probability of the defendant appearing at the trial.
If public safety is an issue, the court may make an inquiry and consider allegations of injury to the victim. Public safety issues mean anger to the public and or to the defendant. Public safety issues are also threats to the victim or a witness. Also, the use of a deadly weapon and the defendant’s use or possession of controlled substances. A judge or magistrate who is setting bail and who sets one other than a scheduled or usual bail amount must state on the record the reasons and directly address the issue of threats made against a victim or a witness. The court must also consider evidence offered by the detained person. This is about ties to the community and ability to post bond. The bail amount set by the court must be within the minimum range amount of bail. That would reasonably assure the defendant’s appearance – NOT the maximum!
How much does it cost to bail someone out of jail?
In the Commonwealth of Virginia, Bail bondsman must charge 10% of the value of the bond. If the Bond is $3,000 you would expect to pay $300 to the bail bond company to have your loved one released from jail.
The cost of every bail bond varies. It depends on the crime the individual has been arrested for as well as any prior arrests or convictions. Is the person a flight risk? Do they have a steady job? Is this their first arrest?
We can help in many ways
Call Us (804) 649-7333
When do I get my money back?
If you posted the full bail amount with the court yourself, this money will be released to you at the conclusion of the court process, provided the defendant appeared at all required court dates.
If you elected to use a bail agency to post your bond, the agency is initially responsible to the court for the bond amount. The defendant and indemnitors are responsible to the bail agency for the premium and any fees or additional expenses incurred by the agency on their behalf. These monies are earned at the time the defendant is released from custody and therefore not subject to return. This is the case even if the defendant is found innocent, the case is dismissed or the defendant is placed back into custody for another offense.
What are your rights as a Henderson Bail Bonding customer?
As our customer, you have rights that will always be respected.
Every customer has a right to courteous and prompt service
Every customer has a right to full disclosure of his/her obligations as a guarantor
Every customer and guarantor has the right to receive copies of all documents relating to his/her bail bond and guarantee
Every customer has a right to expect honesty and fair dealings from us
We can help in many ways
Call Us (804) 649-7333
What are your rights as an American citizen?
In the United States of America, you are presumed innocent until proven guilty. That is the fundamental cornerstone upon which release on bail, prior to trial, rests. As a citizen of the U.S., you have the following unalienable rights during the bail bond process:
The right to know the charges
The right to be presumed innocent - Detention without specific charges is prohibited
The right to non-excessive bail
We make sure you know your rights and we help you to protect those bail rights.
Henderson Bail Bonding is a bail service provider available to aid individuals with bail services. We are not responsible, in any way, for the court’s decision of individual eligibility regarding bail, bail amounts, or other legal issues concerning the defendant’s case or charges.
We can help in many ways
Call Us (804) 649-7333