Category Archives: Commercial Bail

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Child Support and Commercial Bail Bonds

Jeff Downer   When an individual falls behind in the payment of of child support a court may issue an order the person be arrested and held in custody.   These court rulings are called different things depending on the jurisdiction.   Body attachment, bench warrant, contempt citation or detention order are common terms for these situations.

Once an individual is incarcerated for failure to pay child support and efforts are made to secure release the term ‘bond’ will often come into play.  It is natural at these times that a commercial bail bondsman will be contacted.  Unfortunately in these circumstances a bail bondsman will not be able to provide assistance.

There is good reason why bail agents are not able to help and that reasoning is based on the court’s intent when ordering that the individual be taken into custody.

When the court orders commercial  bail it is seeking a surety that all court appearances will be made.  In a child support matter the court’s primary concern is that child support payments are up to date, so any monies being paid to secure release are to be applied to the unpaid child support and not to a third party such as a bail bondsman.

That is how it should be.

So what is  to be done when someone is being held in custody for failing to pay child support?  The exact answer to that will vary among each jurisdiction.  The first step should be to contact jailer and/or the county clerk for specific instructions on how to proceed.   Find here contact information for jails and county clerks in Marion and surrounding counties.

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Who Needs a Bail Bondsman?

Jeff Downer  Just because someone has been arrested does not mean a bail bondsman will be required to post bail.   Defendants may be released to await trial by a variety of means.  The terms and conditions of pretrial release is set by the court.

The form of pretrial release the court may choose from is as follows:

  • Own Recognizance (OR) – An OR release doe not require the posting of any type of bond.  The defendant is released on only on their promise to appear.
  • Cash Bond – The court sets an amount and requires the entire amount of the bond to be deposited directly with the court.
  • Ten Percent Deposit Bond – The court sets a bond amount and ten percent of that amount is deposited directly with with the court.
  • Surety Bond – Also known as commercial bail, the court sets a bond amount which may be posted by a bail bondsman.  The bondsman charges a fee of ten percent of the total bond amount to post the bond.

When seeking to post a a bond, a bail bondsman is only necessary when the court has specified surety or commercial bail.

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Posted in Bail Bonds, Bondsman, Cash Bond, Commercial Bail, Own Recognizance, Surety Bond. Tagged with .