Bail Bond Questions
This information is provided for general informational purposes only. Every case is unique and some are very complex. If you are interested in posting a bond, please call Above All Bail Bonds at208-743-0223. If you need additional information or legal advice, please consult with your attorney.
If you have questions about bail bond agents, you may contact the Idaho Department of Insurance at (208) 334-4321 or visit their website https://www.doi.idaho.gov/.
Surety Bonds & Bondsman
Bail or bond (in this case, bail and bond mean the same thing) is an amount of money in cash or in the form of a surety bond for the purpose of making sure that a person attends all required court appearances relating to a court case. Bond allows an arrested person (defendant) to be released from jail until his or her case is completed. There are two basic types of bail or bond: 1) a cash bond, posted with the court or jail, or 2) a surety bond, posted through a surety bail bond company such as A-Affordable Bail Bonds.
A defendant can post his or her own cash bond with the court or jail. If the defendant can’t afford to bond him or herself out of jail, any other person over the age of 18 can post the cash bond. If a defendant chooses to pursue a surety bail bond instead of a cash bond, most surety bail companies, like A-Affordable Bail Bonds, require a cosigner who is at least 18 years of age to sign the bail documents. Because of the differences in bond amounts and the uniqueness of circumstances, the criteria to qualify as a cosigner for a bond can vary from bond to bond and bail company to bail company.
The timeline for receiving your money back depends on the type of bond posted and the outcome of the case. For cash bonds, if the defendant attends all court appearances and the case is resolved favorably, you may receive a refund within approximately two weeks. However, the court may use the cash bond to pay fines, fees, and restitution. For surety bonds, the fees paid to the bail bond company are non-refundable, regardless of the case outcome. The specific terms and conditions will be outlined in your bond agreement.
A jail or sheriff's fee is an additional administrative charge imposed by the jail or sheriff's office for processing bond transactions. This fee is typically non-refundable and is separate from the bond amount. The fee amount varies by jurisdiction and is required whether you post a cash bond or use a surety bond. This fee covers the administrative costs associated with processing the bond paperwork and maintaining the necessary records for the bond transaction.
As a cosigner, you are legally responsible for ensuring that the defendant attends all scheduled court dates related to the case. If the defendant fails to appear in court, you will be required to assist the bondsman in locating the defendant and ensuring their return to court promptly. If the bondsman must conduct a search for or apprehend the defendant to return them to court, the cosigner is responsible for covering the bondsman's expenses incurred during the search. If the cosigner and bondsman are unable to locate the defendant and return them to court within the specified timeframe, the cosigner must pay the full bond amount in addition to all costs associated with the search for the defendant.
Before signing any contracts or promissory notes, carefully review all documents to ensure you fully understand the terms and conditions. Contact the bail agent or company, such as A-Affordable Bail Bonds, if you have any questions before signing these documents. Always obtain copies of all documents you sign at the time of signing. In the state of Idaho, all bail bond companies are required by state law to provide copies of these documents to the defendant and all cosigners on a bond.
A bail bondsman, bondsperson, bail agent, or bond agent are all terms used to describe a person who is licensed by the Idaho Department of Insurance to sell surety bonds and is authorized to conduct business in the State of Idaho. He or she serves as an agent for an insurance company that provides surety bonds.
A surety bond is a contractual agreement between a person and a bondsman. The bondsman agrees to post the necessary bond to secure the defendant’s release from jail. This agreement is backed by an insurance company contract signed by the person and the bondsman on behalf of the insurance company. There must be sufficient cash or collateral to cover the full bond amount in case the defendant fails to appear in court. Only a person licensed by the Idaho Department of Insurance may post a surety bond.
If you do not have sufficient cash to cover the full bond amount and sheriff’s fee, you may choose to hire a bondsman to secure the release of yourself or someone else from jail. A surety bail bond through a bail bond company like A-Affordable Bail Bonds typically costs 10 percent of the total bond amount, plus any additional fees. This rate may vary by company. A-Affordable Bail Bonds is also authorized to provide a discounted rate of eight percent for active military personnel, union members, and clients who have retained a private attorney to represent them. Additionally, as mentioned above, the court may retain a cash bond in part or in full to cover a defendant’s court fines and fees. If you are posting a bond for someone and prefer not to risk having all or part of your cash used to pay the defendant’s court fines, fees, and restitution, you may want to consider hiring a bail bondsman.
A surety bond will cost 10 percent of the bond amount, plus an agent’s fee and a sheriff’s fee. These fees are non-refundable regardless of the guilt or innocence of the defendant and are fully earned upon posting the bond.
Call A-Affordable Bail Bonds toll-free at (866) 554-2245 and we will be happy to assist you with the bonding process. We post bonds in every county throughout the state of Idaho, whether we have a physical office location there or not, as many of our independent bail agents work from home and travel to serve clients in nearby areas. Typically, there is a brief process to qualify an individual as a cosigner, followed by dispatching an agent to post the bond at the jail and complete the necessary paperwork with the defendant and cosigner. With advances in technology, we are also able to complete bonds via phone, fax, or email in many cases and we would be happy to discuss those options with you. You can also reach us through any of our local numbers for our offices throughout the state of Idaho:
| Boise | (208) 377-8855 |
| Coeur d’Alene | (208) 667-7992 |
| Idaho Falls | (208) 522-4222 |
| Nampa | (208) 459-7077 |
| Payette | (208) 642-0766 |
| Pocatello | (208) 236-6566 |
| Twin Falls | (208) 734-0068 |
| Gooding | (208) 934-5440 |
| Blackfoot | (208) 785-0024 |
| Rexburg | (208) 356- 3455 |
| Soda Springs | (208) 547-4042 |
| Hailey | (208) 788-0808 |
| Moscow | (208) 882-6555 |
Cash Bonds
A cash bond is the full amount of the bond required, paid in cash to the court or jail, to secure a defendant’s release from jail. In most cases, a cash bond can be posted at the courthouse during business hours, or at the jail after hours with an additional sheriff’s fee or jail fee.
A cash bond costs the full amount of the bond, plus a non-refundable sheriff’s fee in many cases.
You may have the defendant surrender themselves to jail at any time before the defendant misses a court date. If the defendant is returned to jail, you will need to obtain the required paperwork from court personnel at your local courthouse. Complete the paperwork and return it to the court, and a deputy clerk will submit it to the judge for approval. Once approved, it will typically take approximately two weeks for the money to be mailed to you.
For instructions on how to post a cash bond, contact your local sheriff’s office. If you need assistance with this process, please call A-Affordable Bail Bonds. We would be happy to guide you through the process. Note: You do not need to pay a bail bond agent to post a cash bond for you, as you can post a cash bond independently.
Possibly. If the defendant attends all court appearances and either pleads guilty or is found guilty, under Idaho law, I.C. 19-2923, a cash bond may be used to pay fines and court costs: "…when the money has been deposited, if it remains on deposit at the time of the judgment for the payment of a fine, the clerk must, under the direction of the court, apply the money in satisfaction thereof, and after satisfying the fine and costs, must refund the surplus, if any, to the party posting the deposit."
If you are using your money to post a cash bond for the defendant, please provide the jail with your name and address. If you are using the defendant's own money to post the cash bond, inform the jail staff that the bond money should be receipted in the defendant's name. The bond receipt should be issued in the name of the person whose money is being used for the cash bond. If there is any money remaining after deductions for court fines or fees noted above are taken, it will be returned to the person whose name is on the bond receipt. If the defendant attends all court appearances and the charges are dismissed or dropped, the person whose name is on the cash bond receipt will receive the refund of the cash bond. It typically takes approximately two weeks for the refund to be mailed to the person who posted the cash bond.
Once a defendant misses court, the judge will issue a warrant for the defendant's arrest, and the bond will be forfeited (defaulted).
If you posted a cash bond for the defendant, there are only two ways you can recover your money:
- You must locate the defendant and return them to jail within 180 days of the bench warrant, or
- If the defendant is arrested and returned to jail within 180 days of the warrant, you can request the return of your cash bond.
If either of these occurs, you can then visit the courthouse and request the "Request for Exoneration and Return of Cash Bail, Certificate of Surrender, and Order for Exoneration and Return of Cash Bail". Complete the paperwork and submit it to the court. The judge will review it and if approved, the cash bond will be mailed back to you. If the defendant is not found or arrested within 180 days, the Court will retain your entire cash bond.
If you posted a surety bond through a bail bond company like A-Affordable Bail Bonds, the cosigner on the bond must work with the bail bond company to return the defendant. This must occur within 180 days, or the cosigner will be held responsible for the full amount of the bond as well as any costs associated with searching for the defendant.
Additional Information
Because using your property as bond is a complex process, please consult with your attorney for advice or detailed instructions.
Never bond someone out of jail if you cannot afford to lose that money or if you cannot afford to wait several months to recover it. Remember, even if the defendant makes all court appearances, the court may use the cash bond to pay fines and fees. In the world of bonding people out of jail, there are no guarantees.
Do not allow anyone to pressure or coerce you into posting a bond. Whether you cosign or bond someone out is a personal decision. If the defendant fails to appear in court, the financial consequences can be very serious.
If the defendant is pressuring you, do not accept their calls. If they become abusive or make threats by phone or otherwise, report this to the jail staff.
If a surety bail bond company such as A-Affordable Bail Bonds calls you and you are not interested in cosigning on a bond, simply inform them that you are not interested in posting bail and request that they not call again. If the bond company harasses you, pressures you, or attempts to manipulate you to post the bond, please report this to the jail and contact the Idaho Department of Insurance.