Tag Archives: hold

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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Posted in Bail, Bail Bonds, Commercial Bail, Surety Bond, Warrant. Tagged with , , .

Can Bail Be Posted on Out of County Holds?

Jeff Downer  There are instances when when someone is arrested in one county on a warrant issued by another county.  After such arrests the defendant is transported to the local jail to await transfer to the jurisdiction which issued the warrant.  This scenario is described as being held on an out of county hold.

One of the first questions always asked is whether a bail bond can be posted immediately or must the defendant be transferred before bail may be made.  The answer is the defendant must be transferred to the county from which the warrant is issued before any bail bond may be posted.

That is not to say that occasionally a county may decline to come fetch the defendant or the underlying reason for the warrant cannot be addressed resulting in the release of the defendant prior to any transfer.  An example of this circumstance could be the defendant has unpaid financial obligations to the court such as fines and costs.  It may be possible in this situation to pay the fines and costs and have the warrant recalled.

The bottom line is that when a person is arrested on an out of county hold, be prepared to for a wait of several days before the defendant will be eligible to be released on bail.

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Posted in Bail, Bail Bonds, Fugitive, Jail. Tagged with , .