Idaho Bail Bond Laws

Idaho Bail Bond Laws

Idaho Bail Bond Laws are created by the legislature and can be found under the Idaho Bail Act. Idaho is a right-to-bail State except when the offense charged is punishable by death, & the proof is evident, or the presumption is great. upon a charge of a violation of the terms of probation. upon a finding of a violation of the conditions of release.

When the court is determining bail it shall consider:

(1)  Ensuring the appearance of the defendant;

(2)  Ensuring the integrity of the court process including the right of the defendant to bail as constitutionally provided;

(3)  Ensuring the protection of victims and witnesses; and

(4)  Ensuring public safety.

Definitions:

(1)  “Bail” means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered.

(2)  “Bail Bond” means a financial guarantee, posted by a bail agent and underwritten by a surety insurance company, that the defendant will appear as ordered.

(3)  “Bench warrant” means a warrant issued by the court because the defendant failed to appear as ordered, failed to comply with a condition of release or the sureties are no longer sufficient.

(4)  “Exoneration” means a court order directing the full or partial release and discharge from liability of the surety underwriting a bail bond or the person posting a cash deposit or a property bond.

(5)  “Forfeiture” means an order of the court reciting that the defendant failed to appear as ordered and stating that bail is forfeited.

(6) “Reinstatement of Bail” means an order of the court allowing the defendant to be released on the same bail previously posted that has been ordered forfeited.

(7) “Revocation of Bail” means an order by the court revoking the defendant’s release on bail.

If paying the cash bail to the court instead of buying a bond & the accused is found guilty any fines, fees, costs, & restitution will be charged out of the cash bail put up to the court. If there are other cases within the State of Idaho, & the accused has outstanding balances, any remaining funds will be applied to those cases. Note: the judge has judicial discretion on any fees, fines, costs, & restitution imposed.

Contractual Idaho Bail Bond Laws to Posting Bail

FORFEITURE OF BAIL 

(1) If without sufficient excuse the defendant fails to appear before the court as ordered, the court shall immediately:

(a)  Enter the defendant’s failure to appear in the minutes;

(b)  Order forfeiture of the bail; and

(c)  Issue a bench warrant for the arrest of the defendant.

(2)  The court, in its discretion, may:

(a)  Set the amount of bail in the bench warrant;

(b)  Set the amount of bail in the bench warrant but require that the defendant appear before the court where the charge or charges are pending before being released on bail; or

(c)  Set no bail on the bench warrant and require that the defendant not be released until appearing before the court where the charges are pending, at which time the court shall set bail or release the defendant on the defendant’s own recognizance, and shall set any conditions of release.

(3)  The clerk shall provide the person posting bail written notice of the order of forfeiture by mailing notice within five (5) business days of the order of forfeiture to the last known address of the person posting bail or that person’s designated agent.

(4)  If the court quashes the bench warrant within one hundred eighty (180) days after the order of forfeiture, the forfeiture of bail shall be set aside and the court shall notify the person posting bail of the setting aside of the forfeiture within five (5) business days of the date of the order quashing the bench warrant and reinstating the bail. If the court sets aside the order of forfeiture, then it may:

(1)  Reinstate the bail;

(2)  Exonerate the bail;

(3)  Recommit the defendant to the custody of the sheriff and set new bail; or

(4)  Release the defendant on his own recognizance.

REMITTANCE OF FORFEITURE — PAYMENT OF BAIL.

Upon posting a Bail Bond if the accused bond is forfeited the Bail Bond agency has 180 days from the date the bond was posted to get the accused back into court or custody. If the Bail Bond Company is unable to get the accused back into court within 180 days the Bail Bond Company must pay the original bail amount posted to the court. The Bail Bond Company will in turn charge the co-signer.

EXONERATION OF BAIL

The court shall order the bail exonerated in the following circumstances:

(1)  The defendant has appeared for all court proceedings as ordered and all charges for which the bail has been posted have been resolved by acquittal, dismissal or sentencing;

(2)  Written notice of the court’s order of forfeiture was not mailed to the person posting bail or his designated agent within five (5) business days of the order of forfeiture;

(3)  Written notice of the court’s order to set aside the order of forfeiture and reinstating bail was not mailed to the person posting bail or his designated agent within five (5) business days of the order;

(4)  Before any order of forfeiture, the defendant has been surrendered or has surrendered himself to the sheriff of the county where the action is pending and the certificate of surrender has been filed with the court as required in section 19-2913, Idaho Code;

(5)  The defendant has appeared before the court within one hundred eighty (180) days of the court’s order of forfeiture, unless the court has set aside the order of forfeiture and has reinstated bail pursuant to section 19-2916, Idaho Code; provided, that in those cases where the defendant was not returned by the person posting bail to the sheriff of the county where the action is pending, the court may condition the exoneration of bail and the setting aside of the forfeiture on payment by the person posting bail of any costs incurred by state or local authorities arising from the transport of the defendant to the jail facility of the county where the charges are pending. Such costs shall not exceed the amount of the bail posted;

(6)  The court has revoked bail and has ordered that the defendant be recommitted.

Idaho Bail Bond Laws governing Collateral & Fee’s

RULES OF COLLATERAL 

(1) A bail agent may accept collateral in connection with the bail bond transaction if the collateral is not excessive in relation to the face amount of the bond.

(2)  All collateral received by a bail agent is received in a fiduciary capacity.

(a)  Collateral received in the form of cash must be deposited and maintained in a trust account that is separate and apart from any other funds or assets of the bail agent.

(b)  Collateral other than cash must be maintained in a separate and secure location apart from the assets of the bail agent.

(3)  Collateral received must be returned to the person who deposited the collateral with the bail agent within fourteen (14) days of the date notice is received that the obligation, the satisfaction of which was secured by collateral, is discharged.

(4)  A copy of the order of the court wherein the bail or undertaking was ordered exonerated shall be deemed prima facie evidence of exoneration or termination of the liability.

(5)  If a bail agent accepts collateral, the bail agent shall give a written receipt for the collateral to the person from whom the collateral was received. The receipt shall include a full and detailed accounting of the collateral received.

COLLECTIONS AND CHARGES PERMITTED

(1) Notwithstanding any other provision of this chapter, a bail agent in any bail transaction shall not, directly or indirectly, charge or collect money or other valuable consideration from any person except for the following:

(a)  To pay premiums at the rates established by the insurer;

(b)  To provide collateral;

(c)  To reimburse the bail agent for actual expenses incurred in connection with the bail transaction, limited to the following:

(i)   Expenditures actually and reasonably incurred to verify underwriting information or to pay for notary public fees, recording fees, or necessary long distance telephone or telegram fees; provided however, that the total of all such expenditures reimbursed shall not exceed fifty dollars ($50.00); and

(ii)  Travel expenses incurred more than twenty-five (25) miles from a bail agent’s place of business, which includes any city or locality in which the bail agent advertises or engages in bail business, up to the amount allowed by the internal revenue service for business travel for the year in which the travel occurs.

(2)  Except as permitted under this section, a bail agent shall not make any charge for his service in a bail transaction and the bail agent shall fully document all expenses for which the bail agent seeks reimbursement.

EARLY SURRENDER OF DEFENDANT TO CUSTODY — RETURN OF PREMIUM

(1) A bail agent shall immediately return in full all premium and collateral associated with a bail transaction if the bail agent without good cause or in violation of the bail contract surrenders the defendant to custody before the time specified in the undertaking of bail or the bail bond for the appearance of the defendant or, if no time is specified in the undertaking or bond, before the time the defendant is lawfully required to appear in court.

(2)  A bail agent has good cause for the early surrender of a defendant if the defendant has:

(a.) changed addresses without notifying the bail agent

(b) engaged in self-concealment,

(c) left the jurisdiction of the court without permission of the bail agent or the court,

(d) materially breached the terms of the bail contract,

(e) has otherwise acted in a manner that materially increases the risk of loss assumed by the bail agent or surety.

(f) A failure to pay the premium when due shall constitute good cause for early surrender only if at the time of the bail transaction the bail agent obtains the payor’s signature on a written statement clearly stating the amount of premium due, the date by which the premium must be paid and that the failure to pay the premium by the due date will result in the early surrender of the defendant and forfeiture of any premium paid.

(3)  Before surrendering a defendant early for good cause, a bail agent shall prepare a signed and dated written statement fully describing the facts upon which the agent relied in determining that good cause exists for the early surrender of the defendant. The statement shall be maintained as a record of the bail transaction and shall be made available to the department upon request. A bail agent who surrenders a defendant early for good cause shall not be entitled to seek recovery of any unpaid premium.

Massey’s Bail Bonds understands finding out your loved one has been incarcerated is hard. It’s even harder when you don’t understand the Idaho Bail Bond Laws. We hope the above information helps in that understanding. Please don’t hesitate to call us directly for any additional questions