Category Archives: Indianapolis

As Jeff Downer bail Bonds is an Indianapolis, IN based concern, posts of a local focus may be expected on occasion.

How to Become a Bail Bondsman

03/17/2013 by Jeff Downer · Leave a comment

Jeff Downer   As a licensed Indiana bail agent I have received so many inquiries from people curious about the process of becoming a bail bondsman that I decided to provide a primer on how to go about it.

The first thing to know is that bail bondsmen in almost every state are regulated (usually by that state’s department of insurance) and exact requirements for securing a bail bondsman’s license will vary from state to state.  In this instance we are dealing only with Indiana’s licensing requirements.

Per the Indiana Department of Insurance (IDOI), obtaining an Indiana bail agent license requires a completed application form and the following

All applications must include:

  1. A recent digital full face photograph and your signature on the specimen sheet to be included on your license.  If you prefer, pictures can be taken in our office by appointment only.
  2. Certified fingerprint card from local law enforcement, or a receipt from L-1 Identify Solutions showing that you have been fingerprinted.
  3. Recent Credit Bureau Report (Free): http://www.annualcreditreport.com/
  4. Criminal History Check completed by Indiana State Police.
  5. Photo copies of other Professional Licenses that you hold.
  6. Application fee of $650 (check or money order).
  7. Completion Certificate for 12 credit hours of Pre-Licensing Education.
  8. Passing test results.

In addition there is is a $100 testing fee.

After these requirements are met (assuming no disqualifying conditions exist) and a contract with a licensed surety insurance provider is secured, the bail agent license will be issued.

Once a licensed is awarded it must be renewed every two years by completing continuing education requirements and paying a $650 renewal fee.

Here is the link to contact the IDOI for application forms and further information.

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Posted in Bail, Bondsman, Indiana. Tagged with , , , .

Where to Post a Marion County Cash Bond

01/28/2013 by Jeff Downer · Leave a comment

Jeff Downer  In Marion County, IN bail bonds are often required by the courts to be of the cash variety.  Cash bonds are commonly referred to as CS bonds and are paid directly to the court clerk.  The cash bond may be posted as a stand alone bond or as part of a split bond (known as XC or XR bonds) in conjunction with a surety bail bond posted by a bail bondsman.

The question then arises of where these cash bonds can be posted.  There are two locations where cash bonds are accepted.  These locations are the City-County Building in Room T-644 or at the Arrestee Processing Center (APC) at 752 East Market Street.

The City-County Building location is open week days during normal business hours while the APC court clerks is available on a 24/7 basis.  For accessibility and parking reasons I would suggest posting a cash bond at the APC.

Click here for phone numbers and directions for the court clerks office and the APC.

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Posted in Bail, Bail Bonds, Cash Bond, Indiana, Indianapolis. Tagged with .

How Long Is a Surety Bail Bond Valid?

01/21/2013 by Jeff Downer · Leave a comment

Jeff Downer  When a bail agent posts a bond, it is called an undertaking.  Bail agents are often asked how long the bail bond undertaking is valid.  This question is generally concerns whether the bond is only intended for appearance at the initial hearing of the case.

The answer is the bail bond in effect for all court appearances ordered by the judge for a period of three years.  This is per the following section of the Indiana Code:

Indiana Code 27-10-2-3
Undertakings; validity; defect of form or other irregularity; expiration
 Sec. 3. (a) An undertaking is valid if it states:
(1) the court where the defendant is to appear;
(2) the amount of the b l; and
(3) that it was made before an official legally authorized to take the bond.
(b) A surety remains liable on an undertaking despite:
(1) any lack of the surety’s qualifications as required by section 4 of this chapter;
(2) any other agreement that is expressed in the undertaking;
(3) any failure of the defendant to join in the undertaking; or
(4) any other defect of form or record, or any other irregularity, except as to matters covered by subsection (a).
(c) Any undertaking written after August 31, 1985, shall expire thirty-six (36) months after it is posted for the release of a defendant from custody. This section does not apply to cases in which a bond has been declared to be forfeited and the surety and bail agent have been notified as described in section 12 of this chapter.
As added by P.L.261-1985, SEC.1. Amended by P.L.355-1989(ss), SEC.1; P.L.105-2010, SEC.6.

If the case goes over the three year period the bond must be renewed to for the undertaking to remain in place.  That being said, in my experience I have never had an undertaking reach the three year expiration limit.

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Posted in Bail Bonds, Business, Indiana, Law, Surety Bond.

Methods of Bail Bond Premium Payment

01/09/2013 by Jeff Downer · Leave a comment

Jeff Downer  The commercial (surety) bail bond industry in Indiana is heavily regulated.  This regulation extends into how a bail bondsman may accept payment for his services.  This payment is called premium and is defined by Indiana Code as follows:

IC 27-10-1-8
“Premium”
 Sec. 8. “Premium” means:
(1) currency issued by the United States of America paid to a bail agent prior to the execution of a bail bond;
(2) a check delivered to a bail agent prior to the execution of the bail bond that must be:
(A) properly payable when delivered; and
(B) deposited in the bail agent’s bank account; or
(3) a credit card transaction if the bail agent:
(A) accepts the credit card; and

(B) obtains:
(i) authorization from the credit card issuer for the amount due; and
(ii) an approval number from the credit card issuer for the credit card transaction;
before the execution of the bail bond.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.3; P.L.348-1995, SEC.1.

Accepting payment in any other manner is considered to be failure to collect full premium and is considered a felony per Indiana Code:

IC 27-10-4-5
Failure of bail agent to collect full premium
 Sec. 5. A bail agent who knowingly or intentionally executes a bail bond without collecting in full a premium for the bail bond, at the premium rate as filed with and approved by the commissioner, commits a Class D felony.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.29.

Ouch!  So the method of paying premium is strictly limited.  A bail agent may accept cash, debit card, credit card or a check.  The full ten percent of the bond amount set by the court must be paid.  The agent may not accept things like cars, boats or other types of property as premium payment.

The complete section of the Indiana Code governing commercial bail bonds may be found here.

 

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Posted in Bail Bonds, Business, Indiana, Law, Surety Bond. Tagged with , , .

Is Bail Bond Premium Refunded?

12/31/2012 by Jeff Downer · Leave a comment

Jeff Downer  The fee paid to a bail bondsman is called premium.  The premium is earned by using the bail bond company’s financial resources for the full bond amount as a guarantee the defendant will appear in court.  In Indiana the premium is set by law at ten percent of the bond amount.

Once the case is over, bail agents often are asked if the premium will be refunded.  The answer is no for two reasons:

The first reason is that the premium was earned.  The defendant did not have come up with the entire amount of the bond to be released.  The bail bond company did that and as an insurer assumed the financial risk of the defendant’s failure to appear in court.

The second reason is that the refunding (or rebating) of premium by bail insurers is prohibited by Indiana law and is a criminal offense:

IC 27-10-4-2
Advising employment of attorney; paying fees or rebates; acting as attorney; accepting property; soliciting business
 Sec. 2. (a) A bail agent or recovery agent may not do any of the following:
(1) Suggest or advise the employment of or name for employment any particular attorney to represent the bail agent’s principal.
(2) Pay a fee or rebate or give any property to an attorney in bail bond matters, except in defense of any action on a bond.
(3) Pay a fee or rebate or give or promise any property to the principal or anyone in the bail agent’s behalf.
(4) Participate in the capacity of an attorney at a trial or hearing of one on whose bond the bail agent is surety.
(5) Accept any property from a principal except the premium, bail bond filing fee (when applicable), and transfer fee (when applicable), except that the bail agent or surety may accept collateral security or other indemnity from the principal that must be returned upon final termination of liability on the bond. The collateral security or other indemnity required by the bail agent or surety must be reasonable in relation to the amount of the bond.
(6) Solicit business in or about any place where prisoners are confined or in or near any courtroom.
(b) A person who recklessly violates this section or who operates as a bail agent or recovery agent without a valid license commits a Class A misdemeanor.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.26.

Confusion about the refunding of premium is understandable. The posting of a cash deposit with the court can be an alternative.  If the defendant has been required by the court or chosen to pay the entire bond amount as a cash bond themselves, then that deposit is eligible to be refunded minus any fines, costs or fees levied by the court.

More information about surety bail bond regulation can be found at the Indiana Department of Insurance Bail Bond Division website.

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Posted in Bail, Bail Bonds, Business, Cash Bond, Indiana, Law, Surety Bond. Tagged with , , , .

Is Murder a Bailable Offense in Indiana?

12/26/2012 by Jeff Downer · Leave a comment

Jeff Downer  The recent arrests of three people in the house explosion on the Indianapolis south side brought to mind the topic of release on bail while charged with murder.

In Indiana the issue of being released on a bail bond is addressed by state statute as follows:

IC 35-33-8-2
Murder; other offenses
 Sec. 2. (a) Murder is not bailable when the proof is evident or the presumption strong. In all other cases, offenses are bailable.
(b) A person charged with murder has the burden of proof that he should be admitted to bail.
As added by Acts 1981, P.L.298, SEC.2.

In plain language, murder is not a bailable offense unless the defendant (after a special hearing) can satisfy the court that the prosecution is unlikely to secure a murder conviction at trial.  Needless to say, such scenarios are rare.

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Posted in Bail, Bail Bonds, Indiana, Indianapolis, Law. Tagged with .

Is Bail Bond Premium Negotiable in Indiana?

12/21/2012 by Jeff Downer · Leave a comment

Jeff Downer  In Indiana, the monies collected by a bail agent to post a surety bail bond is called premium and by law is 10 percent of the total bond amount.  I am often asked when premium is to be paid if the amount and terms are subject can be negotiated.

The answer is no.  The entire 10 percent must be paid before the bail bond can be executed.  While other states do permit financing arrangements when paying premium, in Indiana not only are such arrangements not allowed, they constitute the commission of a felony per the section of Indiana code found below.

IC 27-10-4-5
Failure of bail agent to collect full premium
 Sec. 5. A bail agent who knowingly or intentionally executes a bail bond without collecting in full a premium for the bail bond, at the premium rate as filed with and approved by the commissioner, commits a Class D felony.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.29.

More on the regulation of bail bond agents and companies listed in the Indiana Code may be found here.

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Posted in Bail, Bail Bonds, Indiana, Law, Legal. Tagged with , , , .

What Is a Bounty Hunter?

12/14/2012 by Jeff Downer · Leave a comment

Jeff Downer  When a person fails to appear for a court appearance, the court will issue a warrant and an order to produce the defendant for the bail bondsman.  In such situations the bail bondsman may employ what is commonly referred to as a “Bounty Hunter” to apprehend the fugitive defendant.

What is a bounty hunter?  It is a question that in the recent past the answer to has become distorted and obscured by “reality” television, self appointed unlicensed bounty hunters and the popular media.

The term bounty hunter refers to what in the bail bond industry are called fugitive recovery agents.  Here in Indiana (as in most states) recovery agents are licensed by the state after meeting professional education requirements and once licensed must participate in continuing education.

Under the direction of the bonding company, recovery agent will engage in locating and apprehending the fugitive.

The over the top dramatics and unprofessional demeanor that are aired on reality television and portrayed in the popular media is not is to be expected from Jeff Downer Bail Bonds.  Such shows and publications focus on the volatile personalities involved as opposed to the of professional and responsible minded efforts of most recovery agents.  In any case, Jeff Downer Bail Bonds would never consider breaching confidentiality by  broadcasting our client related relationships and activities.

More information about the state of Indiana’s recovery agent licensing requirements may be found here.

 

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Posted in Bondsman, Bounty Hunter, Fugitive, Indiana, Recovery Agent. Tagged with .

Some Humor from the Indianapolis Star

07/15/2012 by Jeff Downer · Leave a comment

Jeff Downer  A little local humor from Indianapolis Star cartoonist Gary Varvel.

 

Indianapolis Star cartoon by Gary Varvel

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Posted in Indianapolis, Indy, Smiles. Tagged with , .

XC Bail Bonds

06/23/2012 by Jeff Downer · Leave a comment

Jeff Downer  A XC bond is a type of split bond utilized by the Marion County Indiana Superior Court system.  The XC bond is a hybrid composed of two distinct bail bond types:  surety and cash.

The surety portion of the XC bond is posted by a bail bondsman.  The bondsman charges 10% of the amount of the surety bond set by the court.  The cash bond portion posted is the entire amount as set by the court.

The nomenclature used in specifying how much a XC bond is confusing at best.  For example let’s look at a $11000 XC bond set by the court.  Most of of us would think the bond amount is $11,000 and the cost of posting the bond is $1,100.  We would be wrong.  What the court has ordered is a split bond of $1,000 cash and $10,000 surety making the total cost $2,000.

The cash bond portion of the XC bond may be posted by anyone in tandem with the surety bond portion. The cash bond is the entire amount as set by the court.

Even if the defendant attends all court appearances, The Marion County Superior courts usually retain all or a part of the cash bond for costs and/or fees related to the case.  Any remaining part of the cash bond deposit may then be refunded.   The premium paid to the bail bondsman, by law may not refunded.

Both portions of the XC bond must be posted together at the same time and location, usually at the Arrestee Processing Center (APC).

As always if you have any questions please contact us.  Find below a map showing the location of the APC and the ability to produce printable directions.  Simply click on the red marker and input you starting location for the directions.

 

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Posted in Bail, Bail Bonds, Indiana, Indianapolis. Tagged with , , , , .
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