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This guide is all that is needed to understand the bail bond process in Louisiana. It was written by Carl Barkemeyer, a criminal defense attorney in Baton Rouge, Louisiana who has handled thousands of bond issues for clients over the past 15 years. He works on bail matters every day while defending his clients. This guide is designed to help those who are concerned with a loved one in jail as well as other attorneys learning about how bail works in Louisiana. Many websites that provide information on bail bonds in Louisiana are actually out-of-state and are simply directories to funnel clients to bondsmen. On the other hand, this page is for informational purposes only.
Quite often on the news, we hear about someone being granted bail in court. You might have even come across or read about an agent involved in bail bonds. If you've never needed one, you may not be interested in knowing how it works. But if perhaps you have a family member or someone dear to you in jail, understanding how a bail bond works, the procedures involved, the conditions, and every other thing will suddenly become necessary.
Currently, in the United States, there are close to 15,000 bondsmen. And according to reports, an annual turnover of $14 billion is made in bonds. Across some states in the US, bail bondsmen and bail recovery agents (commonly known as bounty hunters) are categorized together as bail agents. However, the most portrayed of the two is certainly the bail bondsmen. The difference between these two agents is that bail bondsmen are hired by the person in jail or someone who cares, to help provide the fund or the equivalent collateral, in a situation whereby the bail amount cannot be paid. On the other hand, bail recovery agents are meant to track down and arrest defendants who fail to appear in court.
Bail, Bond, and Bail bondsmen are the three main terminologies in bail bonds. Therefore, before going into details on how Louisiana bail bonds work and the procedure you will definitely have to go through, it is necessary to dissect the basic terms.
Bail is an amount of money to be paid by a defendant as a guarantee that they will surely return to court when necessary. Bail amount is not always fixed. It is set by the judge, depending on the chances of the defendant to turn up when needed in court. That means the lower the chance of turning up on the court date, the higher the bail amount. The purpose of bail is just to make sure that the defendant doesn't flee after release, ahead of the court trial date.
Bond (or bail bond) can be described as a surety bond or insurance contract that serves as an equivalent to the bail amount requested by the court. Due to the fact that bail amounts are usually high, and most defendants cannot afford to pay it in cash, they rather post a bail bond through a bail bondsman instead. When setting a bail amount, judges use instinct to determine the amount that will be difficult for a defendant to forfeit.
Bail bondsmen are licensed agents who understand the legal procedures in bail bonds. They help secure bail, whether in cash or bond. While the defendant is in jail, a bail bondsman can help get the cash or the back up of an insurance company.
As earlier explained, a bail bond is like an assurance given to the court that a defendant will turn up on court dates. When a defendant is jailed for a crime and a trial date is fixed, it is necessary for the defendant to prepare prior to the trial, get in touch with their family, and do other important things. But all these cannot be done in jail. The court definitely understands this, too. Therefore, after the trial date has been fixed, the judge will grant the defendant bail, which is expected to be paid in full. Failure to pay the bail amount means the defendant won't be released until the court date.
Although the general fear is that bail amounts are usually high and inconvenient for the defendant to pay, there are situations whereby it can be reduced. The bail amount may be reduced based on the criminal record of the defendant and the professionalism of the defense attorney, to prove to the court that the defendant will definitely be available on the court date.
Now, if the defendant can pay the bail amount in full, the family can post it to the court, and the release will be made. But if not, the best thing the defendant can do is to seek the service of a professional bail bondsman like Attorney Carl Barkemeyer, who understands the rudiments of bail bonds and legal procedures. This, however, is to be done by a friend or the family, since the defendant would still be in jail.
As a friend or family of the defendant, when you hire a bail bondsman, you will need to provide necessary information like...
After a deal has been agreed upon, it now becomes the duty of the hired bail bondsman to provide a surety bond to the court for the release of the defendant. The defendant may then convince a surety company that his client is qualified for a bond. And for a bond to be granted, the surety company will demand properties they evaluate to be equivalent to the amount needed, as collateral.
However, things could get very dangerous if it happens that the defendant fails to turn up on the court date. This could lead to a situation whereby the bail bondsman arrests the defendant and the properties serving as collateral will have to be surrendered. If the bail amount was paid in cash, it will be forfeited. And it is, in fact, a crime to be absent on a court date.
Legal proceedings on bail bonds can be very easy if you call a professional bail bondsman. Attorney Carl Barkemeyer is a licensed criminal defense attorney in Louisiana who has been helping out his clients on any bond-related issue for over 15 years. He has handled various types of bond cases in Louisiana, and he's reputed as a defense attorney who delivers quality service for the freedom of his clients.
Are you charged with a crime? Or is someone dear to you in need of a bail bondsman? Attorney Carl Barkemeyer can direct you to hiring a professional bondsman in Louisiana.
Art. 271. Bail in extradition cases
Art. 312. Right to bail before and after conviction
Art. 313. Gwen's Law; bail hearings; detention without bail
Art. 313.1. Detention of noncitizen defendant pending bail hearing
Art. 314. Authority to fix bail; bail order
Art. 316. Factors in fixing amount of bail
Art. 317. Organization performing or providing pretrial services
Art. 318. Juvenile records in fixing bail
Art. 319. Modifications of bail
Art. 320. Conditions of bail undertaking
Art. 321. Types of bail; restrictions
Art. 323. Secured personal surety
Art. 324. Unsecured personal surety
Art. 327. Those who may not be sureties
Art. 329. Declaration of residence; waiver of notice
Art. 330. Notice of defendant's required appearance
Art. 331. Discharge of bail obligation
Art. 332. Court order for arrest of defendant
Art. 333. Failure to appear; issuance of arrest warrant
Art. 334. Notice of warrant of arrest
Art. 335. Rule to show cause; bond forfeiture
Art. 336. Proof necessary at bond forfeiture hearing
Art. 337. Interruption of the period for obtaining a bond forfeiture judgment
Art. 338. Cases of nonforfeiture
Art. 340. Recordation of judgment
Art. 342. Enforcement of judgment
§822. Criminal bail bond annual license fee
§1441. Failure to timely satisfy claim under criminal bond contract
§1443. Premium on criminal bail bond
§1556. License to solicit or transact bail; prohibited activities
§1571. Registered insurance producer and bail bond producer prelicensing program
§1573. Continuing education requirements
§1574. Bail Bond Apprentice Program
§1581. Regulation of bail enforcement agents
§1584. Bail bond producers; prohibitions; penalties
§1585. Surrender for nonpayment of premium
§1586. Prohibited actions of bail enforcement agents; liability
§110.1.1. Out-of-state bail jumping
§110.1.2. Providing false, nonexistent, or incomplete declaration of residence for bail
§110.2. Tampering with electronic monitoring equipment
§374. Failure to report bail bonds
§375. Illegal consideration for criminal bail bonds
§81. Bond for release for violation of municipal ordinances; parole or release of prisoners; penalty
§82. Guaranteed arrest bond certificates as cash bail; forfeiture; sureties
§85. Failure to satisfy judgment of bond forfeiture
§85.1. Posting of criminal bond; fee assessed
§85.2. Posting of criminal bonds in parishes of Iberia, St. Mary, and St. Martin; fee assessed
§85.3. Posting of criminal bonds; Denham Springs Marshal's Office; additional fee assessed
§85.4. Posting of criminal bonds; Baton Rouge City Constable's Office; additional fee assessed
§86. Forfeiture of cash, checks, or securities and discharge of the bail undertaking
§86.1. Unclaimed bail bonds; disposition; return to owner
§86.2. City Court of Thibodaux; unclaimed bail bonds; disposition; return to owner
§86.3. City courts: unclaimed bail bonds; disposition; return to owner
§89. Prescription of forfeiture judgment; revival; prescription by limitation of prosecution
Although we do not offer bail bond services, we can recommend honest and reputable bail bond services with proven track records. The decision to bail a friend or family member out of jail is always an importanat decision that can affect their case, personal life as well as others, and their bank acount. Before hiring a bail bondsman in Louisiana, contact us at 225-964-6720 to discuss your options. See below for the location of the jail where the arrestee is being held.
H. Taylor - Baton Rouge, Louisiana