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About Common Bail Bonds
This process is a contractual undertaking, which
involves a bail bondsperson, an indemnitor, and the court.
The courts tend to favor this form of release, because it
guarantees that if the defendant fails to appear in court,
someone (the bail agent) will make an immediate effort to
find the defendant, apprehend him or her, and bring him or
her back to the court of proper jurisdiction. By involving
family and friends of the defendant, a bail bondsperson
and the courts are reasonably assured of the defendant's
Cash bail means that the person who is trying to
obtain the release of the defendant must deliver the full
amount of bail in cash to the jail facility where the
defendant is being detained.
Property bonds involve the placing of local real
estate (homes only, no raw land or out-of-state homes)
with the courts as security for the release of a
defendant. This process typically takes 1 to 2 weeks,
because it requires a judge's approval, a property
appraisal, a comparable sales comparison, and the clerk's
acceptance. However, most states do not accept property
Release on One's Own Recognizance is another
method of release. It is given to defendants who have been
in the community for many years, have solid jobs, strong
family and community ties, and present little or no risk
of flight. This release program is usually administered by
a county agency or through a local law enforcement agency.
A criminal history background check is performed, and a
recommendation is given to the court based on those
findings. This form of release is common only for
first-time offenders and non-violent offenses. Since there
is no financial or other security placed with the court to
insure the defendant's return to court, there is little
incentive for them to appear.
ELMO and Pre-trial Services
ELMO stands for Electronic Monitor, and it is usually a
condition of release in addition to a regular bail bond.
The ELMO program is administered either by the local
Pre-trial Services Agency or the local law enforcement
agency. This device is usually in the form of an ankle
bracelet. It sets off an alarm if a person strays too far
from its base located within the defendant's home.