Gary F. Dunham Jr.is the principal of Alliance Bail Bonds LLC in Mesa, Arizona. He has kindly agreed to answer the following questions, which I get asked all the time, about bonding out of custody from an Arizona jail.
If a family member is out the state and cannot come to Arizona, can you help them bond a friend or family member out of an Arizona Jail?
If someone is out of state and cannot come to Arizona, they are able to post a bond via telephone and fax/email using either a credit/debit card, wire transfer or a piece of property. If someone calls us collect from the jail, we are able to gather the information they provide to us, contact their family/friends for them and arrange a bail bond. Once arranged, then we can post a bond to get the defendant released from custody.
If the judge orders “cash only” bond, what does that mean?
Cash Only means that the jail will accept only "Cash Money" as a form of payment to secure a defendant's release from custody. Not a paper bond. "Cash or Bond" means that the jail will accept either a "Paper Bond" or "Cash Money" as a form of payment to secure a defendant's release from custody. Both can be considered appearance bonds unless the "Cash Only" designation is for unpaid fines, in which case the "Cash Money" paid to secure the defendant’s release from custody is likely to be applied to the unpaid fine amount by the court.
How does the bail bonds process work? In other words, let’s say someone has a $30,000 secured bond, and a family members wants to get him out but they do not have $30,000 on hand, what would should they do?
The first thing to do is to contact a reputable Bail Bond Company to arrange the bond. In this example of a $30,000.00 bond the required in accordance with the law is to secure collateral (Something that has a value of $30,000.00 or more) that the Bond Company could hold in their possession or attach a lien to. The Bond Company will also charge as their fee for posting the bond 10% of the bond plus expenses. ($3,000.00 + expenses) Expenses vary and are mostly related to costs of lien attachments, notarization of documents and time of day the bond is posted, although Bond Companies fees can vary.
A lot of people assume that if a bond is secured, they can get out by only paying 10% of the bond amount and no other property or cash is require. Is that correct?
That is a common misconception. If you contract with a Bail Bond Company the fee govened by law is 10% of the bond + expenses. But collateral is required on all bonds posted in the State of Arizona.
Do you handle all the court paperwork once someone hires your company as far as filing with the court?
Yes, we produce all the court required documents necessary to secure the release from custody of a criminal defendant after we are contracted with.
How quickly can you get someone out of custody?
In most cases in Maricopa County we can have a bond posted within an hour of completing the contract paperwork; However if the defendant is incarcerated in another County other than Maricopa County there is travel time to the facility to be considered thereby delaying the hour timeframe. After the bond is posted, the actual time a defendant is released from custody is dependant solely on the facility they are being detained at. We have no control over that.
What if someone has a bond through your company, and they do not show up for court? Will they lose their property? Will you foreclose on someone's home if the bond is forfeited and the bond is secured against the home?
If a bond secured by a lien on a home is forfeited and the homeowner refuses to pay us the amount forfeited by the court then we would be force to foreclose on the property to pay the court.
What is a bond forfeiture hearing?
When a defendant fails to show for a court hearing, the court issues a Bench Warrant and schedules a Bond forfeiture hearing where the Bond Company has the opportunity to provide the court mitigating circumstances why the bond should not be forfeited.
What is a bounty hunter and do you use them?
A "Bounty Hunter" or Bail Recovery Agent is a person licensed by the State to apprehend a fugitive, arrest and return to custody a defendant that has breached the terms and conditions of release of the Court and/or the Bond Company. Yes we use them when necessary. It is always best when everyone follows all the conditions set forth by the Court and/or the Bond Company so the use of Bail Recovery Agents is not necessary.
What if someone puts up a bond for a family member, and the court then dismisses the charges or the defendant is found not guilty? Do they get all their money back?
If cash was used for collateral to secure the bond then it will be returned to the person depositing it up upon the completion of the court case by an order of exoneration issued by the court. Completion of the court case may be by dismissal, scratch, plea bargain, or sentencing. Whether a person is found guilty or not guilty is irrelevant to the bond process. The only purpose of an appearance bond is to guarantee the court that a defendant will appear for all hearings related to the charges. But remember, once the bond is posted and the defendant is released, the 10% + expenses paid to get the bond is non-refundable. That is the bond company's fee for posting the bond whether the bond is in place with the court for a day or a year.
For more information on Gary F. Dunham Jr. or Alliance Bail Bonds LLC., call 480-306-5364 or visit www.alliancebailbondsaz.com