No. A person can post the full amount of the bail bond themselves or put up land or property directly with the Court. The bail or property is held by the Court until the case is settled.
By Montana state law, a 10% bail rate has to be charged by a bonds person. This is the fee to post the full amount of the bail.
After the defendant is released on bail, he/she will be out until the case is settled. He/She is required to make all Court appearances.
In Montana, if a person fails to appear for Court, the bonds person is given 90 days to either produce the defendant in Court or return them to jail. If the person cannot be found within 90 days, the person that signed (co-signer) is responsible for the full amount of the bail. Also, the Court can issue a warrant for the defendant’s arrest.
If the defendant cannot appear at their scheduled date and time, they can contact the Court and set up a new Court appearance.
Any change in basic information for the defendant or co-signer needs to be reported to the bonds person.
The defendant can leave the area only with permission from the Court and the bonds person.
The bond is held by the Court until a verdict is returned or charges are dismissed.
A co-signer is responsible for the full amount of the bond if the defendant misses Court and cannot be found within 90 days. If the co-signer aids the defendant in fleeing or hides the defendant, they can be criminally charged.
When collateral is put up to guarantee a bond, that collateral is returned upon the case being settled.
An Attorney is recommended to help with the Court proceedings.
A public defender is provided free of charge if the defendant cannot afford to hire their own Attorney.
No. When a person is released on bail through a bonds person, the 10% fee is earned and will not be returned. The 10% fee is the cost for putting up the full amount of the bail.
If the defendant is arrested on a new charge or fails to appear for Court, the bail bond can be revoked. The defendant has to be in custody in order to do that.
Each bonds person is licensed in the state that they live in. Bonds people work with surety companies that are nationwide and have agents in many states. The surety company can be contacted to see if a bond can be posted in another area. There is an extra fee involved for the transfer.