Cash-Only Bail Bonds

FAQs

The most common type of questions I receive from clients and people coming to my website are questions concerning return of funds, return of collateral and bond forfeiture.  The following questions are taken directly from those inquiries. Bail Bond Forfeiture: Can I get my money back on a Failure to Appear?:      A Failure to appear (FTA) is a charge issued by the Court when the Defendant fails to appear to a scheduled Court hearing.  When the Defendant Fails to Appear, the Court will schedule a Forfeiture Hearing and issue a warrant for the Defendant’s arrest.  Within 45 days of the Defendant’s no show, the Court sends a summons to the Defendant and Bond Poster (Bail Bondsman), notifying them of an Order to Show Cause hearing for Bond Forfeiture.  If the Defendant cannot be located before the Forfeiture Hearing the bond will be forfeited.       If the Defendant’s non-appearance was a result of a misunderstanding or unavoidable circumstance, the Defendant may be able to reschedule his/her missed hearing by contacting the Court and explaining their circumstance.  If the Court is willing to reschedule, then chances are good the bond forfeiture will be cancelled at the next hearing. Back to Top What happens if I don’t pay a bondsman?:      Most bondsmen require the payment of premium and the receipt of collateral prior to posting any bond; however, some bondsmen will take payments on premium or even post a bond before receiving collateral.  This type of practice leads the bondsman exposed to the risk of not getting paid.  The Bail Bond Agreement forms a contractual relationship between all parties.  Depending on the agreement signed with your bondsman, nonpayment of premium/fees or not fulfilling your collateral requirement may result in the re-arrest of the Defendant and/or a potential civil action against the indemnitor/Defendant.  Back to Top Can a poster be arrested if the defendant does not show to his hearing(s)?:      No.  Although the Indemnitor/poster is responsible for ensuring that the Defendant shows for each and every one of his hearings, his responsibility is only a financial one.  The Indemnitor/poster may lose cash or collateral when the Court forfeits a bond, but the Indemnitor/poster is not subject to arrest if the Defendant fails to appear. Back to Top Return of Bond Money: Can I get my money back from posting a cash-only bail bond?:      Failures to Pay and Failures to Comply cases.  Although, many Arizona Courts view bonds posted in those cases as appearance bonds and exonerate them after case disposition, other Courts view cash-only bonds as Purge Bonds and use the money posted to satisfy fines.  Bonds posted by professional bondsmen are less likely to be attached by the court to pay fines.  Bonds posted by the Defendant, or Defendant’s family and friends, are prime targets for attachment by the Court.  If you post your own bond, read what you sign.  If you are required to sign your cash over to the defendant, say goodbye to your money. Back to Top When does my bond money come back?:      If you posted your cash on a bail bond either by yourself or through an agent, any cash due you will be returned after bond’s exoneration.  The Court will issue a check in 2-6 weeks after exoneration; If you used us to post your cash, we will mail your bond refund within 24-hrs of its receipt from the Court. Back to Top What happens when the court exonerates a bond?:       When the Court exonerates a bond, it releases the bond poster of his responsibility of making sure the Defendant appears to his Court hearings.  Generally, if a paper bond was posted, the bond is returned to the Surety company.  If cash was posted, then cash will be returned to the one who posted it.  Be aware, that there are several instances where the Court may want to hold on to the cash.  If you plan to post cash yourself, be sure to ask the Court what their policy is for refunding the bond.  If you use a bondsman, be sure to use one who is familiar with posting cash bonds and who will stay on top of the Court - fighting for a full cash refund. Back to Top After a Bail Bond has been posted can the poster or indemnitor change his mind?:      Bonds submitted to the Court or jail become the immediate property of the Court and cannot be returned without the Court ordering them exonerated.   Once the bond is posted, the Defendant will be released to the custody of the Bondsman.  The Bondsman cannot surrender a Defendant at the whim of the Indemnitor (just because he/she changed their mind), unless there has been material non-compliance with the terms of the Agreement or evidence of fraud.  As long as the Defendant remains in compliance with the Bail Bond Agreement and attends all of his/her hearings, the bond will remain in effect. Back to Top Roger P. Tallini - Cash-Only Bail Bonds

Yavapai County Courthouse Cash-Only Bail Bonds Phone: (928) 773-1997 Fax:     (928) 522-0152 Email:  Cash-Only Bail Bonds Service Locations: Coconino County Jail      Flagstaff office:      602 E. Butler Ave, Suite 2      Flagstaff, Arizona 86001 Navajo & Apache County Jails      Holbrook office:      165 W. Hopi Dr.      Holbrook, Arizona 86025 Yavapai County Jails           [Meet at Jail]      Camp Verde Jail:       3505 W. Highway 260      Camp Verde, Arizona 86322           Prescott Jail:           [Closed]      255 E Gurley St      Prescott, Arizona 86301