We have implemented systems and protocols to protect not only our clients but also our agents.

No meeting in person is necessary. Call 888-POST-BAIL for immediate jail release.

Sincerely,

Christie Ellis

UPDATE:  Madison County, Idaho Judge Faren Eddins has lowered the bail amount from 5 Million to 1 Million.  

Let’s talk bail for Lori Vallow Daybell

A bail bond is money or collateral that is paid to the court by a defendant which guarantees that they will return to appear for future court dates. Now that the bail has been presumably set at 1 million, Lori now has 3 options to post bail. 

• She can pay the 1 Million in Cash (Which she doesn’t have) 
• She can post a bond through a bail bonds company 
• Her family can post a property bond as collateral 

If Daybell (Vallow) decides to post a bond using a bail bonds company, she would be required to pay the 10% non-refundable fee of $100,000 – along with a mandatory GPS ankle Monitor.  As of now, according to a local Idaho news station has reported that no bond company has been willing to work with her. 

What’s the real risk/benefit to a bail bond company if a bail bond of $1 Million is posted for Lori Daybell?

The incentive to write a bond is the same for any business… the money.  In this case the non-refundable fee of 10% of $1 Million ($100.000) to be paid to the bail bond company as a fee — not  bad for a day’s work right?

However,  it comes with a huge risk of losing $1 million dollars in the event that Lori flees and doesn’t show up to court.  

If Lori were to disappear,  the bond company would hire a bail enforcement agency to find her, with a hefty price tag of 10% of her bail.  

In other words, If she takes off to Hawaii again, the bail bond company pays ALL the money they were going to make-to the Bounty Hunter to find her and end up actually losing money in the end after paying agents/ document fees, etc…  

This would be a best-case scenario if Lori does NOT show up for court. This is IF she is found by the bounty hunter and brought to court within a few months of her missing a mandatory court appearance. 

Now the really bad news — Hope the Bail Bond Company has a $1 Million Cash just in case Lori doesn’t show up to court

If she is not found and returned to court within the given time frame (usually 180 days) then the court will forfeit the bond and require that the full $1 Million be paid by the Bond Company.- If the bond company fails to pay, their license is immediately suspended and the state can go after their assets to collect the million. 

This risk is mitigated a little by requiring that she wear a GPS ankle monitor to track her location at all times.  

If she were to cut off the monitor or leave the allowed geographical area the monitoring company would receive an alert and would be on her case immediately but that doesn’t guarantee that she will be found in time. 

Now you can see why no bail bond company is jumping at the opportunity to help Miss Daybell.  

What if Lori were to commit suicide?  A question that was asked on the news that no one knew the answer to…

IF any defendant on bond for an active criminal court case commits suicide, overdoses, or dies of sickness or accident the bond company must provide proof to the court. The case would be closed as justice can not prevail without a defendant able to defend themselves. 

If she were to hire a bond company to post a bond – does she qualify?

$80,000 up front to pay the bond premiums/non-refundable once she is released

Stable co-signers,willing to be personally responsible to bring Lori to court and accept the liability of the 1 million (probably a few in her case)1 mill in Property(realestate) to be held as collateral in the event she flees 

The property would probably be required to have title reports to verify any liens, and the Mortgage Deeds/ trusts deed notarized so the bond company can act easily on taking the properties if needed. 

Question and concerns surrounding her posting bail and being released

1.The obvious is that she flees: 

2 If she commits suicide who is responsible to pay the million dollars

What is Bail? 

The terms “bail” and “bond” are frequently misused.  Most people understand what bail is – the money that the court requires to be paid on behalf of someone who has been arrested in order to secure their release, which ensures the defendant’s appearance in court. 

The amount and conditions of bail is determined by a judge, who (ideally) makes the amount high enough that the arrestee can be trusted to show up at their court hearing (because otherwise, they would forfeit the bail money), but low enough that they are not prevented from exercising this option due to an inability to gather these funds. 

In fact, the 8th Amendment to the U.S. Constitution requires that bail not be “excessive”.

The Amount of Bail and Condition of Bail is the Judge’s decision

The amount of bail set in any case is entirely at the discretion of the judge, and he or she has great authority in this matter. However, there are two important factors to determine the amount of bail that can be set by the judge:

First, it’s important to note that the purpose of bail is not to punish the accused. Instead, the point is to make sure that the defendant shows up in court after being released on bail. The amount of bail should be set by the judge with this notion in mind. Excessive bail, often said to be “not warranted by the circumstances or the evidence at hand,” may be considered improper and is a violation of the defendant’s constitutional rights. Thus, when determining or “fixing” the amount of bail, the court (judge) will consider the seriousness of the charge, the existing criminal record of the defendant, and the overall likelihood of the defendant appearing for his or her trial or hearing.

Second, if public safety is an issue, the court may take this into consideration. For example, if threats are made against a victim or witness, a deadly weapon has been used or is a flight risk, the judge may set a higher than usual bail amount, and also place additional restrictions such as an ankle monitoring device as a condition of bail. 

What is a Bond?

The term “Bond” refers to the payment of the bail amount.  

Ways to pay a bond:

Bonds or “surety bonds” are a paper bond or contracts between a court and a surety company for payment of bail.  Bonds are issued only by licensed bail bond companies, such as BREAKING BAD BAIL BONDS. Bonds generally cost between 10% and 20% of the total bail. 

The bail may also be paid in cash. In this case, the full bail amount must be paid to the court and will be held until the defendant has appeared at ALL court hearings, The money will be refunded in full once the case is resolved. If the defendant fails to appear the money can be kept by the court. 

There is a form of bond that doesn’t require any money at the time of release, but which allows the arrestee to sign a commitment to attend their required court date. If they fail to show up, they may be subject to significant financial penalties on the basis that they did not follow through on this commitment.

Cash Bail vs Bail Bond

To post cash bail, the individual must post the full amount of the cash bail set by the judge.  To get a Surety bond, otherwise known as a bail bond, the family must only pay a percentage of the bond’s face value.

Here is an example: 

Imagine the judge sets bail at $5,000 cash or bond.  To post cash bail the individual and or family must bring the full $5,000 to court.  To get a bond, the individual and or family has to pay the bond fee of $500 (based on the most common fee of 10%). That’s a total upfront cost of $5,000* for cash bail and $500* for bail bond.  The cost of purchasing the bond (bond premium of 10%) is non-refundable.

 **disclaimer**  this does not include any document fees, jail fees, or processing fees that may be charged by the jail or bond company

Assuming the defendant makes all court appearances the cash bail is refunded and the long term cost would be nothing. This does not account for the defendant failing to appear, in which case the cost is the full $5000.00 when the bail is forfeited to the court. 

Rely on the Licensed Professionals at Breaking Bad Bail Bonds Utah

There is no convenient time of having a loved arrested and needing to get out of jail. We understand that everyone is innocent until proven guilty, therefore, we treat all of our clients with respect.  We genuinely want to do our best to secure their release while awaiting court.  

We are open 24 hours a day 7 days a week and even holidays. Contact our friendly bail bond agents online or give us a call at 888-POST-BAIL today and one of our friendly agents can assist you for any jail in Utah.

Utah has a bail schedule called a “uniform fine/ bail forfeiture schedule” which the main goal is to create uniformity across the State’s jurisdictions. The Judge may overrule the bail schedule at any time, and set any bail amount he/she feels is justified surrounding circumstances of the case. In Utah, there are no longer “bail hearings”, a Judge will base their decision to adhere or deviate from the bail schedule based on what information is in the probable cause (written report from the officer) and criminal history of the inmate. Bail will automatically be set by the booking officer at the jail for all misdemeanors at the time of booking, however, it is common practice that the judge will change the bail amount and the type of bond whether cash or bondable bail at any time. ALL felony charges must be reviewed by a judge within 24hrs of the inmate being booked and set bail accordingly.

Let’s take a look at the current bail schedule as of May 17, 2019.  

Utah Uniform Bail Schedule

Let’s put the bail schedule to practical use

Let’s say your loved one was picked up on charges for drug possession and possession of paraphernalia, picking up two charges.(One Class A & one Class B) The paraphernalia would be a class B misdemeanor and the drug possession charge would be a class A Misdemeanor.  The total amount of bail according to the bail schedule above would be $2630.

Timing of the Essence for Posting Bail

There is a possibility that the bail bondsman can quote bail bond fees and by the time your loved one reaches the jail the type and or the amount of bail could be different. That’s why timing is of the essence and it’s important to call a bail bondsman immediately upon arrest. If the judge happens to change the bail type to cash only there is no recourse or other options. The court will NOT take any payment plans, it’s all or stays in jail, and often times it is a race to secure the release of the inmate before this happens.

Can a judge require more than just bail for Pre-Trial Release?

Depending on the circumstances of the case, the judge may deem it necessary to impose additional requirements for Pre Trial release.  These conditions are necessary to ensure not only the defendant showing up to court but also for the interest of public safety. An example of this would be a suspect which is being charged with a violent crime such as domestic violence or rape where the Judge wants to ensure the safety of the victim/s. When this happens a court will order the defendant to participate in a Pre-Trial release program with a GPS Ankle Monitor.

Some of the additional conditions that may be set forth in addition to bail are:

• GPS Ankle Monitoring (which will allow them to go to work)
• CAM ( continuous alcohol monitoring)
• Drug/Alcohol testing
• Surrender of passport
• Any other conditions the judge

The Utah Court system can be difficult to navigate alone. If you have any questions on how the Utah bail bond process works, don’t hesitate to call one of our Utah’s highest rated bail bonds company where our licensed, and friendly bail bond agents are available to assist you 24/7.

• The information provided is specific to Utah, but other states are the same or similar.
• You have 7 days to appear to keep your bond active
• A bench warrant will be issued, as either no bail, cash only or bondable.

Bail bonds are posted to ensure a person’s appearance to court hearings.  If you miss a court date a bench warrant will be issued, and notice will be sent to your local Utah bail bondsman.  

What should you do?

Call your bondsman right away, they will give you instructions.  Our goal is to keep you out of jail and not pay a forfeiture resulting from you missing court.  

Call the court of jurisdiction and get on the court calendar at their earliest available date. Scheduling your court date will Not recall the warrant.  Once you do appear before the court you warrant will be recalled and the forfeiture against the bond company will be canceled.

Will I be arrested again?

There is that possibility, the sooner you go to court and get your warrant recalled the less likely that will happen.  If you are in a delicate situation and you are worried about your kids or the chance of being arrested at work talk to your bondsman- if the warrant is bondable you may consider posting another bond to ensure that you will not risk rearresting.  In most cases, we don’t feel that this is necessary, but then again in some cases, this may be your best course of action. Talk it over with your bondsman

Will I be arrested when I go to court if I reschedule?

No. – and maybe.  In MOST cases the answer is no, this is if you don’t have other outstanding warrants and you are being cooperative by going to court on

What happens to my bond?  

If you appear within 7 days from your missed court date your bond will stay active and in good standing.

Will the bond company come after me?  

If you are cooperative, and you call the bond company.  If you reschedule your court date, keep them informed of your phone number and address as you agreed when you purchased the bond you agent will not have you picked up or revoke your bond.  

IF your bond agent cant get ahold of you, or you say you will reschedule but you don’t, or if you are rearrested on new charges, you don’t pay your payments, you change your address and/or phone number without notifying them- then yes you bond company can and will do what they need to protect themselves.

There are some rules that govern bail bonds, but some are more important to remember than others. A bail bond is a financial agreement between a bail bond agent and a criminal defendant. They will arrange with the court for the criminal defendant to be released from jail in exchange for a bond. The bail bond agency ensures that the defendant shows up to court on the specified date. If they don’t appear, the bond agency sends a bounty hunter after them to bring them to court. The defendant usually pays the bail agency about 10% before being released, and if they are found to be innocent in the trial, they get their full bail amount returned to them. The bond agency keeps 10-20% as payment. 

Bail Agent Licensing Requirements

According to §35-4-401 of the Bail Bond Act (Title 31A Chapter 35 Part 4 Section 401), there are certain guidelines for how to become a licensed bail bondsman and what that licensing entails. The basic requirements are to be 21 years of age, appointed by a surety, of good moral character, and cannot have been convicted of a felony. To do this line of work and receive a license, the person must first be fingerprinted for a background check. Once that is done, they need to pass an exam, pay a nonrefundable fee, submit the application, and be both a living resident of Utah, as well as have their business located in Utah. Otherwise, they must file a non-resident license application. To start their bail bond agency, they need to prove a minimum of 2,000 hours work experience. Utah no longer offers paper applications, and only accepts them online. In Utah, they are licensed under Insurance Marketing, whereas other states have this responsibility under the judicial branch. 

This means that there are some things that need to be done before getting a bail bonds license, and there are many rules for where they can operate. Also, some laws require the agents do not solicit business in certain areas, especially court, jail, and police stations. Other law enforcement officials and officers of the court cannot recommend a particular bail bond service to others either, as it is a conflict of interest.

Bond Forfeiture

Sometimes, the released defendant doesn’t show up to court on the designated date, in which case the court can decide that the bail is forfeited (§77-20b-104).The forfeiture notice will be sent to both the bail bond agent and their agency, and the court will issue a bench warrant within the 30 days period. Utah is one of the most lenient states and gives a six-month grace period in which the bail bond agent can reply to the notice. It is in this way that Utah bail bonds are different from other states when it comes to bond forfeiture. If they can find the defendant and deliver them to the court within that time frame, they will not forfeit the bail bond. They also have the right to file a motion for extension to six months with good reason. If they can find the defendant in this period, they must search for and deliver the defendant and give an acceptable reason why they didn’t show. Otherwise, a warrant goes out for the respondent immediately, and the bond is forfeited. 

Arresting Authority

According to §53-11-102, the bail bond agent is allowed to enforce the conditions of a defendant’s bail or apprehend the defendant to bring them to court, as well as keep them under surveillance as necessary to get the defendant to court. They also must notify local authorities if they are going to go into a particular area in the officer’s jurisdiction to find a defendant, and give the location. They must carry written documentation with them at all times that gives proof of who and their reasoning for looking for a respondent and provide it to local authorities if asked. Lastly, they will let local authorities know that they plan on arresting a defendant within their jurisdiction with 24 hours before or after conducting the search and arrest.

There are only a few laws pertaining to bail bonds. While it is important to know the majority of the laws if participating in a bail bond or becoming a bail bond agent, these are the most pertinent when it comes to the rights of the agency and rules that must be followed.

Things To Ask When Looking For A Bail Bond Company

When you need a bail bond, you need it now, and you want it for the best price possible.   Many bond companies count on you to not take the time to ask questions and read the fine print before signing on the dotted line.

Like Utah, most states regulate the premiums that a bond company can charge.  In Utah, a bond company must charge no less than 10%, but no more than 20%.  If you and the person in Jail are residents you can expect to pay the minimum fee of 10%. If the jail where you are posting the bond charges a bond posting fee you can expect to pay that as well, but don’t expect most bond companies to tell you in advance. When you call Breaking Bad Bail bonds we disclose ALL our initial fees that you can expect to pay.  You’ve had enough surprises for one day. You can trust us to be transparent and informative throughout the whole process.

Find A Bond Company That Has NO HIDDEN FEES

If you are in a rush and you want a payment plan- Don’t waste time calling a dozen companies asking what they will charge for a bond, they will all quote you the 10% fee.  What they won’t disclose are the jail fees, credit card processing fee, their payment plan set up fee, document fee, and the interest and possible late fees you may face, unless you know to ask specifically.

The Bail Bond Company Should Offer Free Financing

Do Look for a company that offers FREE financing, like Breaking Bad Bail Bonds. You may be tempted to pay as little as possible up front to secure the release of your loved one as soon as possible, but a rushed decision with the wrong company may lead you to a larger financial burden than you bargained for.

No Collateral Bail Bonds Is An Option

Consumer beware of any company that quotes less than the State minimum 10%.  Ask about financing fees, late fees, and what course of action the company will take against any property you pledge as collateral for the premium. The safest, best option is to find a company like Breaking Bad Bail Bonds who is willing (in MOST cases) to do the bond with NO COLLATERAL, which means less hassle and less risk to you.

Make Sure The Bond Company is Highly Rated & Trusted

IF you can afford to, pay all fees up front to avoid the hassle of payments.  If you must do a payment plan, ask about the details of the agreement, and use a company that is professional, highly rated, and one you can trust like Breaking Bad Bail Bonds. We will work with you to make this the best experience possible.

Getting released on bail can be a difficult and painful process, not to mention expensive. This opportunity accompanies a ton of strings attached to the defendant and the family member who bailed them out.   If the defendant disregards bail conditions, neglects to appear in court, or gets arrested once again what happens next?

Once you have signed the bond agreement and the defendant is released from jail how do you “undo”? Well, pretty simply, you can’t  However you are not without options.  The most important thing if you are regretting doing the bond, is to protect yourself from total loss or forfeiture of the bond. This would occur if the defendant flees or doesn’t appear for all court dates and the court forfeits the bond on the Bond Company.  If this happens you will have to pay the entire bond in full to the bond company.

To save yourself from this you’ll want to contact the bond company and explain your situation.  Revoking the bond may be an option but it isn’t without cost.  If it is determined that the bond can be lawfully revoked which to do so requires that the defendant is apprehended by a bail enforcement agency and surrendered to the jail of jurisdiction. The person who bailed them out is liable for the cost of the bail enforcement fees and any other costs that may arise, such as travel and investigative costs.  This can be nerve wracking if you are second guessing bailing out a friend or a loved one.

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Reasons that you might be nervous about posting bail for someone that is a liability to show up to court.  

1. A  bounty hunter charge cost is typically around 10% for recoveries and as much as 35% for out of state recovery – in addition to travel, investigative and other associated costs.  Guess who has to pay this? The person who signed the contract.
2. If the defendant does not show up to court and cannot be located by the bounty hunter, the entire amount of bail originally set by the court is due.  The sole responsibility falls back on the (Indemnitor) which is the person that signed the contract at the time of posting bail.  
3. If there was collateral was taken at the time of bail posting (such as a cash, or lien on a car or house), that will be used to pay towards the bond.

So what are your options and can you rescind or revoke a bond after posting bail?

In theory, no. Once the bond is placed, absent some other situation, the bail bondsman should not be able to revoke his/her bond just because they are not happy or they are scared their friend or loved one won’t show up to their court date. The issue will ultimately be up to the judge, however, if he/she wishes to allow the bail bondsman to pull his/her bond.

Revoking Bail:  State laws vary as to the bail revocation process. Nevertheless, all state laws allow for revocation of bail if a defendant violates a condition of release, fails to appear, or commits another crime while on bail.  

A defendant’s bail can be revoked for other reasons, including:

• committing a crime while released, even in the absence of a conviction for that crime, and
• violating any other condition of bail, such as failing to stay away from the crime victim.

Getting Bail reinstated: Even after the bond has been forfeited, it’s still possible to have it set aside through “remission.” A bail remission motion is a request to refund money that was forfeited. Generally, these motions must be filed within a certain time, such as one year, from the date of forfeiture. Whether to grant relief from a forfeiture is usually within the trial court’s discretion. Judges consider whether justice requires the forfeiture. Typically, a forfeiture can be set aside if:

• the defendant wasn’t aware of the specific condition violated
• the defendant’s violation wasn’t willful
• the government incurred no expense in attempting to locate the defendant, or
• the government wasn’t prejudiced or damaged by the violation.

Under federal and some state laws, a forfeiture can be set aside in whole or in part.

If a defendant is out on bail and wants to stay that way, showing up in court and following the conditions of release are crucial. The costs of one missed court date or violating a condition of release is the defendant’s financial and personal freedom.

Attempting to engage the bail process yourself can be confusing and packed with unnecessary delays. To aid in this endeavor, Breaking Bad Bail Bonds provides the services of trained, talented and experienced bond agents to expedite the bail process. This will save you and the accused time, stress and unnecessary expenses.

The process starts by contacting our home office in Spanish Fork, Utah, by calling 888-767-8224. We can then connect you with one of our local bail offices nearest you. One of our bond agents will call you to start the bail process.

We typically require a bail fee equal to 10 percent of the bail amount assessed by the sitting judge. Then we will need the remaining 90 percent of the bail fee in some form of collateral. This is usually a vehicle or other piece of property applicable to the necessary amount.

We will then help you with the necessary legal paperwork and our bail agent will walk you through the process of securing your loved one’s release.

If you’ve recently had a friend or family member arrested and charged with a crime, you shouldn’t delay in calling Breaking Bad Bail Bonds in Spanish Fork, Utah, at 888-767-8224 to connect with one of our bail agents.

We also have some tips and information for you about posting bail to make the process a little less troublesome and a little more understanding. Those tips and information include:

The constitution helps you
The Eighth Amendment was written to secure the law that you’re considered innocent until you’re proven guilty. So, you are in no severe trouble unless your judge deems you guilty. However, the right to bail can be taken away if you have a tainted record or if you are a serious danger to the community.

The reasons why bail gets you out of jail
Bail is a handy agreement between you and the court that grants you the freedom for the time being. This agreement involves you being released from jail, attending all of your scheduled court dates, and paying the court a predetermined amount of money. Bail is usually set within 48 hours of an arrest. If you attend all your court hearings, you’ll receive your bail money back – even if you’re convicted of a crime.

What to do if you can’t pay your own bail
If you can’t pay the full bail amount, your bail bondsman can help you out. There are different things your bondsman can do to help you come up with the money. We are willing to work with you in any way we can. We have locations all across Utah and we are ready to help you and your family during this trying time.

For more information and details, or if you need further advice from a bail bondsman, please feel free to call our office today at 888-767-8224 . We are here to help you in any way we can, and we look forward to hearing from you!