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Here's a guide to understanding surety bonds and 24-hour bail services.

Here's a guide to understanding surety bonds and 24-hour bail services.

What is a surety Bond?

A criminal court judge sets a surety bond and gives it to a defendant, allowing him to post bail through a bail bondsman or a bail bonding agency to ensure he or she will appear in court. However, the Eighth Amendment states that cruel and unusual Punishments, excessive bail, excessive fines imposed, and cruel and unusual punishments are not required. Criminal Court judges use a bail matrix to determine the surety bail amount for the defendant based on criminal history, the seriousness of the crime, or if he or she poses a threat to the public. When the judge gives the defendant a surety bond, the defendant can not post it themselves. When the defendant needs his or her surety bond paid, they must have someone else post the bond on their behalf. Usually, the defendant will have a friend or relative post their surety bond. Whoever posts the bond on behalf of the defendant must meet specific requirements for whichever state the defendant is incarcerated in. Every state has different guidelines and laws about surety bail. In Indiana, when a surety bond has to be paid, you must pay 8% or 10% of the bond for the defendant to be released.


The individual posting the bond on behalf of the defendant is considered the indemnitor, which means they are taking financial responsibility along with the bail bondsman to ensure the defendant will appear in court and follow all bail bond conditions and sometimes pretrial release conditions such as GPS monitoring. If the defendant fails to appear, a bail agent must apprehend and return them to the court. Under Indiana State law IC 27-10-2-7 Apprehension of the defendant; time; fees. To surrender the defendant, the surety May apprehend the defendant before or after the forfeiture of the undertaking or may empower any law enforcement officer to make apprehension by providing written authority endorsed on a certified copy of the undertaking and paying the lawful fees therefor. The bail bonding agency may also use the Indemnitor because the bail bond agreement was not fulfilled.

Surety bonds date back to the 1800s. Peter P. McDonough, located in San Francisco, California, was the first bail bond business in the United States. In 1898, the United States Supreme Court heard its first surety case, American Surety Company vs. Pauly. In 1908, fourteen surety companies formed the Surety Association of America.



United States No Surety Bail & Bail States





Washington D.C.





Smith American Bail Bonds 317-531-5447

Smith American Bail Bonds is known to be the most modern and reputable 24-hour bail bonding company. For years, Smith American Bail Bonds has provided surety bail for the entire state of Indiana. If you or someone you know needs bail bonding services in Indiana, this bail bonding agency would be your number one choice.


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