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Bail Bonds 

South Windsor, Connecticut Bail Bond Law Attorney

Many individuals do not know that there is a warrant out for their arrest until they receive a notice in the mail. Others do not find out until it is too late. If you are facing arrest and are confused about your ability to post bond, it is important that you speak with a criminal defense attorney that is knowledgeable about Connecticut bail bond laws.

The criminal defense lawyers at Berman & Russo, Attorneys at Law, assist individuals that are accused of or charged with a wide variety of crimes. However, our firm is also extensively versed in the language of the Connecticut bail bond laws that may apply in your situation.

The purpose of a bond is to assure the defendant's presence in court. The bond is either set by a police supervisor, bail commissioner, or judge. The Constitution, state law, and judicial case law mandate that the bond amount be set at the lowest level required to compel a defendant to show up for court. There are three main types of bonds in the state of Connecticut, Written Promises to Appear (PTA), Non-Surety Bonds, and Surety Bonds, or "bail bonds". The PTA is just what it says, a promise by the defendant to appear for his court date. The Non-Surety Bond is also just a promise by the defendant to appear in court, however, if the defendant does not show up he or she will be charged whatever the bond amount was as a penalty for his or her failure to appear. The final of the three major bonds is a Surety Bond. The Surety Bond is the only type of bond a bail bondsman in Connecticut can post, and as such will be the only type of bond discussed from here on. The Surety Bond, hereafter referred to simply as a bail bond, requires the posting of a set amount of money in order to assure the appearance of the defendant.

While the defendant may post the full amount of the bond in cash himself or herself, more often the defendant or a friend or family member enlist the service of a bondsmen. Bondsmen charge a nonrefundable fee, called a premium for their services. In exchange for this premium, the bondsman agrees to be responsible for the full amount of the bail bond if his or her defendant, often called the principle, does not show up in court. If the principle does not show up for court, or his bail bond is revoked for any reason the bondsman must either pay the face value of the bond, or return the principle to the custody of the court. While a bondsman may apprehend the principle himself, or with the help of other bondsmen, most bondsmen enlist the services of a Bail enforcement Agent (BEA), or "bounty hunter".

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."  -United States Constitution, 5^th Amendment.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." -United States Constitution, 8^th Amendment

Terms:

Surety: A person who has made himself or herself responsible for another, as a spondor, or bondsman.

Principle: The defendant on a surety bond.

In Connecticut there are 2 types of bondsmen:

There are currently two types of bondsmen in Connecticut, Professional Bond Agents and Surety Bond Agents:

Professional Bond Agents: (Property Bondsman)

Professional bondsmen write bonds with their own assets to back them up. Professional bondsmen are licensed by the Department of public safety and can charge a non-refundable fee up to $50.00 for the first $500 of the bond, 10% of the next $5,000 of the bond, and 7% on any amount over $5,000.

Surety Bail Bond Agents:

Surety bondsmen are licensed by the CT Department of Insurance and backed by insurance companies. They do not pledge their own assets to the state when writing a bond, but rather sign a power of attorney for the insurance company that promises to pay the state of Connecticut the face value of the bond should the principle fail to appear in court. Surety bail bond agents are required by law to charge whatever rate their insurance company has on file with the Department of Insurance, generally the rate on file is equal to the maximum allowable rate for professional bond agents.

Types of Bonds

In the state of Connecticut the amount and type of bond is set by a police supervisor, bail commissioner, or judge. The Constitution, state law, and judicial case law mandate that the bond amount be set at the lowest level required to compel a defendant to show up for court.

If a defendant cannot meet the conditions of release at the time of arrest, state statutes compel the police to notify a bail commissioner who will review the conditions of release and has the power to modify those conditions or keep them the same if he or she finds them reasonable. If the bail commissioner decides to change the conditions of release the police can ask a state's attorney to overrule the bail commissioner's decision. If the defendant cannot meet the conditions of release then he or she will be brought before the court on the next available day for a review of the bond.

Section 54-63b of the CT General Statutes requires the following factors be considered by the police department, bail commissioner or judge when setting a bond:

1. The nature and circumstances of the offense insofar as they are relevant to the risk of nonappearance;

2. The defendant's record of previous convictions;

3. The defendant's past record of appearance in court after being admitted to bail;

4. The defendant's family ties;

5. The defendant's employment record;

6. The defendant's financial resources, character and mental condition;

7. The defendant's community ties.

The following three types of bonds may be set by a police department, bail commissioner or judge:

Written Promise to Appear:

The PTA (promise-to-appear) is just what is says, a promise by the defendant to appear for his court date. The defendant is not required to post any assets with the state, all the defendant has to do is agree to appear in court when ordered to do so.

Non-Surety Bond:

The Non-Surety Bond is also just a promise by the defendant to appear in court, however, if the defendant does not show up he or she agrees to pay the state of Connecticut whatever the bond amount was as a penalty for his or her failure to appear.

Cash or Surety Bond:

The Surety Bond is the only type of bond a bail bondsman in Connecticut can post. The Surety Bond requires the posting of a set amount of money in order to assure the appearance of the defendant. While the defendant may post the full amount of the surety bond in cash himself or herself, more often the defendant or a friend or family member enlist the service of a bondsman. Bondsmen charge a nonrefundable fee, called a premium for their services. In exchange for this premium the bondsman agrees to be responsible for the full amount of the bond if his or her defendant, often called the principle, does not show up in court. If the principle does not show up for court, or his bond is revoked for any reason the bondsman must either pay the face value of the bond, or return the principle to the custody of the court. While a bondsman may apprehend the principle himself, most bondsmen enlist the services of a Bail Enforcement Agent (BEA).

The following three bonds may only be set by a judge:

Ten Percent Surety:

The bond requires the defendant to deposit 10% of a specified amount with the court, and agree to pay the remaining amount should he or she not show up in court. As long as the defendant makes all of his or her court dates, the money deposited with the court will be returned as long as the defendant appears for each scheduled court date.

Real Estate Property:

Generally the defendant, through a lawyer, agrees to sign over interest in his or her home, or the home of a family member or friend. The value of the property must be equal or greater than the amount of the bond the judge sets.

Cash Only:

The cash only bond is a version of the Cash or Surety bond in which a judge has ordered that the defendant must post the entire bond in cash. The court will not allow a bondsman to post this bond with a power of attorney.

Terms:

Arraignment: To call (an accused person) before a court to answer the charge made against him or her.

Disposition: Final settlement in a court case.

Bond Forfeiture: When the principle fails to appear for court the bond is forfeited.

Rearrest Warrant: A judicial order commanding any proper officer of the state to arrest the principle and present him or her to the court.

Bail Commissioners: Employees of the judicial branch that have the responsibility of recommending bail amounts to judges in criminal proceedings.

Legal Authority of Bondsman

A. A bail bond is a three party contract:

[Defendant]

(Principle)

^

[Bondsman] <            > [State of CT]

(Surety)                        (Obligee)

1. Defendant to Surety: The defendant has promised the surety to appear in court. If the defendant fails to appear in court he has given the surety consent to return him to the custofy of the court.

2. Surety to State: The surety has promised the state that the defendant will appear as required or the surety will return the defendant to the custody of the court or pay the bond.

3. Defendant to State: The defendant has promised to show up in court or face additional charges for failure to appear.

• Bail bondsmen have a common law right to apprehend the defendant.

° The common law right can be extended to third parties (BEA).

Bond Paperwork:

Each bond requires the agent to fill out a number of forms. The type and number of forms will be slightly different for each bond and each company; however, most bonds require at a minimum that the following forms be filled out:

1. Information Sheet

2. Promissory Note

3. Indemnity Contract

4. Power of Attorney

5. Appearance Bond

1. Information Sheet: The Information Sheet has a series of questions that solicit information from the defendant and co-signers. The info sheet must be filled out completely for both the co-signers and defendant. This information is vital if the defendant fails to appear in court.

2. Promissory Note: In the Promissory Note the co-signer generally agrees to pay the full amount of the bond should the defendant fail to appear in court.

3. Indemnity Contract: In the Indemnity Contract the cosigner and defendant generally agree to pay for the bond plus expenses if the defendant fails to appear in court.

4. Appearance Bond: The Appearance Bond form is the document that releases the defendant from custody. Each appearance bond must contain the name and license number of the individual agent posting the bond.

• Before turning yourself into police after receiving notice that there is a warrant for your arrest, we can advise you of your rights and options regarding the bond.
• Contact the police department for information. They will tell you if a bond has been assigned. If it has been assigned, it means that the judge assigning the arrest warrant can decide how much the bond should be.
• If a bond has not been assigned, the police can determine bond when you turn yourself in. However, this can be a difficult situation, as you need to make arrangements to pay the bond before you turn yourself in. It is always in your best interests to seek the assistance of a lawyer before turning yourself in.

For additional information about bail bonds and finding a bail bondsman, please see the BailCo Bail Bonds website.

Contact a lawyer at Berman & Russo today to learn more about bail bond procedures and the services that we offer. Call us at 1-860-288-2328 or 1-866-761-8561 before turning yourself in.