Legal Law

How Does the Bail Bond Process Work For Extradition Cases?

Bail Bond Process Work For Extradition Cases

If a person commits a crime in one state or country and then flees to another to avoid trial and punishment, they may be extradited back to that location for legal proceedings. If this happens, the defendant might be eligible for bail. Bail is an amount of money that a person must pay or promise to pay to guarantee their appearance in court when required. Oftentimes, this is done when the defendant is considered to be a danger to the community or if they are a flight risk.

In order to secure a bail bond, the defendant or the people that they choose to act as their indemnitor must sign a contract with a bail bondsman who will put up the money necessary to secure their release from jail. The bondman must also agree to take on any collateral that may be needed. Usually, the amount of money that must be paid is 10% of the full bail amount and the defendant has the option of paying this in cash or securing the bail bonds with something else of value, such as real estate.

When a person is considered to be a fugitive, the process of extradition can be lengthy and complicated. This is because the extradition process involves not just the judicial branch of government, but also the executive branch. The governor of the original state must request that the fugitive be returned by sending a “governor’s warrant” to the governor of the asylum state. The fugitive can either waive extradition or they can fight extradition through a writ of habeas corpus.

How Does the Bail Bond Process Work For Extradition Cases?

If the fugitive does not waive extradition, they will be held in custody and then given 30 days for law enforcement to retrieve them. If they are not picked up in that time frame, the fugitive will be set free. If the fugitive does not want to be extradited, they must surrender themselves to authorities in their home state and then can appeal their case in a local court.

Regardless of how they are charged, it is important for fugitives to attend all their court dates and remain in contact with their loved ones. Failing to do so could lead to forfeiture of the bail bond and the fugitive would be arrested immediately. If they do appear in court and make all their dates, then their bond will be exonerated and they can get any collateral that was used to secure the bond back.

If they are found guilty, their bond will be forfeited and the insurance company will have to pay the court in full. Normally, the insurance company will return any collateral that they have in 45 days of being exonerated. If they fail to do so, the collateral is forfeited and the insurer can be sued by the bail bond agent for the unpaid amount of the bond. Obviously, this is not what anyone wants to happen to their loved one.

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