Customer Support: FAQs

• What is bail?
• How does a bail bond work?
• What is a bail bond?
• What is the difference between bond amount and bond premium?
• Who is an indemnitor/guarantor?
• What is a bail bond exoneration?
• When does a bail bond forfeiture take place?
• What is a summary judgment?
• What is a bail bond reinstatement?
• What does it mean when I receive a "re-entry" statement?
• What is considered by the court in fixing the amount of the bail?
• How much does it cost to bail someone out of jail?
• When do I get my money back?
• Know Your Rights?

What is bail?
Bail is a service in which is mandated through the Constitution of the United States and the State of Louisiana to allow people accused of crimes to remain free until their trial. It is far easier for those accused of crimes to prepare their defense while out of custody, so bail is a benefit that allows you, or a loved one, FREEDOM until your day in court. The most common type of bail bond requires a set amount of money or property to be given to the court in order to secure the release of a person accused of a crime. Once the bail amount is paid the accused person can leave the jail with the promise of returning for their Next court appearance. If the accused fails to do so or “skips” bail, they forfeit the monies for the bail and further endanger their case and their freedom.

How does a bail bond work?
What happens after a person has been arrested?
Once a person has been arrested, they must be booked by the arresting agency. The booking process verifies the identification of the person in custody and checks for outstanding warrants nationwide.
Once the person has been booked, there are 5 (five) possible options for their release:

• Citation Release - The person in custody may be released on a citation with a promise to appear in court. This is form of release is usually for out of county misdemeanor warrants where the arresting agency assigns a court date for the individual upon their release.
• Own Recognizance (O.R) - The person in custody is released with a promise to appear. This form of release is used for non-violent offenders who will be appearing within the local county or local jurisdiction where the alleged crime occurred.
• Cash Bail - The individual posts the entire of the bail with the jail for release. This form of release is primarily used for bail amounts under $1000.00. We do not recommend posting cash bail for amounts over a $1000.00. For example, if the defendant fails to appear in court, then you may have additional out of pocket costs to prevent the cash bail from from being forfeited to the county.
• Bail Bond (Surety Bond) - The alternative to cash bail is the posting of a surety bond which is also known as a bail bond. How a bail bond works involves a contractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the face value of the bond. Cannatella Bail Bonds Inc. guarantees to the court that they will pay the bond forfeiture if a defendant fails to appear for the designated court appearances.
  
  
  • Property Bond - Depending on the court jurisdiction an individual may obtain release from custody by posting a property bond with the court. Here a court records a lien on property, to secure the bail amount. If the defendant fails to appear in court of his/her designated date, the court may start foreclosure proceedings against the property to obtain the forfeited bail amount.
• What is a bail bond? A bail bond is a financial guarantee made by or on behalf of a criminal defendant that is used to guarantee their appearance in court through the end of their trial upon release from custody. Failure by the defendant to appear will result in bond forfeiture.
• What is the difference between bond amount and bond premium? The bond amount is the full amount of the bail that was set by the court. The premium is the dollar amount owed to the bail agency for posting the bond. Usually this premium is 10% of the bond amount. For example, if the bond amount is $50,000, the premium owed would be $5,000.
• Who is an indemnitor/guarantor? An indemnitor/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.
• Qualifications of a Co-Signer An individual cannot just have any co-signer. The co-signer must be able to show that he or she can pay back the bail money if the individual fails to comply with the court dates. The co-signer should have a steady job and have lived in the area for a decent amount of time. The bail company may accept a co-signer if the co-signer owns any properties. Bail bond companies believe that an individual is likely to show up to court if his friend or family member is on the line for the bail money. That makes co-signers a good choice.
• What is a bail bond exoneration? A bail bond 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.
• When does a bail bond forfeiture take place? Bail bond forfeiture 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 bond forfeiture. This is a judgment against the surety for 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 a bail bond reinstatement? This is a process by which a defendant who has experienced bail bond forfeiture can have their bench warrant removed and the bail bond re-activated or "reinstated" with the court. This is a legal proceeding that usually requires action by an attorney and 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 does it mean when I receive a "re-entry" statement? A re-entry statement is issued from our office when a fee or other charge is added to an account after the initial balance has been paid. This can happen for many reasons, but the most common are fees generated by a defendant missing, or being late to a court date.
• What is considered by the court in fixing the amount of the bail? The amount of the bail is first and foremost within the scope and discretion of the judge or magistrate, with only two general limitations:
  • The purpose of bail is not to penalize or punish the defendant, but only 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 not only improper but a violation of constitutional rights. In fixing the amount of the bail, the court takes into consideration the seriousness of the charge, the defendant's previous criminal record and the probability of the defendant appearing at the trial or hearing.
  Additionally, if public safety is an issue, the court may make an inquiry where it may consider allegations of injury to the victim, danger to the public and/or to the defendant, threats to the victim or a witness, the use of a deadly weapon and the defendant's use or possession of controlled substances. A judge or magistrate setting bail in other than a scheduled or usual amount must state on the record the reasons and address the issue of threats made against a victim or a witness. The court must also consider evidence offered by the detained person regarding 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? This is a question best answered by a licensed bail agent. Please contact us today - . It is usually 10% of the full bail in addition to fees or other charges set forth in original agreement.
• 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.
• Know Your Rights? 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.
  At Cannatella Bail Bonds, we make sure you know your rights, and we help you to protect those bail rights. As a customer, your rights will always be respected.
  
  At Cannatella Bail Bonds:
  • 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 a 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 all Cannatella Bail Bond employees.
  If you have a loved one in jail and you can’t afford bail.
  Call us Today. We’ll get you on your way.
  We’ll treat you fair,
  We’ll treat you right,
  Call Cannatella Bail Bonds to get you out tonight.
  (619) 962-9306