Principals of Bail in Arkansas
Secured Bail a Better Option
SECURED BAIL A Better Option On scheduled court dates, a number of defendants fail to appear (FTA). The defendants who FTA, impose significant costs on court systems and the public. Direct costs include rearranging and rescheduling court dates, the wasted time of judges, prosecutors, lawyers, law enforcement officers, their support staff, etc. Public law enforcement have a primary responsibility for pursuing and re-arresting defendants who were released on their own recognizance or on government bail. The flow of FTA warrants has overwhelmed many law enforcement agencies. Most counties and cities are faced with a massive pile of unserved arrest warrants. However, defendants who are released on Secured Bail have an entirely different and immediate problem. The bail bond agent and bail bond typically spring into action and pursue FTA's immediately after they occur. Bail bond companies and their agents have a financial incentive to monitor defendants, and to ensure that they do not skip court. If they FTA, the incentive becomes -(RETURN THE DEFENDANT TO COURT or RISK FORFEITURE.) Compare the effectiveness of defendants released on their own recognizance, government bail, and secured bail. Data consistently indicates that the defendants released on secured bail have a lower FTA rate than defendants released under other methods.
Cost/Charges
Costs/Charges On every secured bail bond issued in Arkansas the following fees are: Bail Bond Premium....... 10%........ ex: $5,000 amount of the bond bond x 10% = $500 Premium State Fee $20...$6 Arkansas Sheriff's Association; $10 APBBLB Budget (once the budget is met the remaining amount goes to the Domestic Peace Fund) $4 Recovery Fund administered by the APBBLB Public Defender $20.....Public Defenders Office Filing Fee $20......... Goes to Bail Bond Company Jail Fee .$20. for cost of processing fees ..Paid to Jail Total Fees Collected...$80...Per Bond (Secured) These Fees Support: 1. Arkansas Professional Bail Bondsman Licensing Board 2. Arkansas Public Defender Commission 3. Arkansas Child Abuse/Rape/Domestic Violence Commission 4. Arkansas Counties Alcohol & Drug & Crime Prevention Program 5. Arkansas Sheriff's Association Education Fund 6. Arkansas Bail Bond Recovery Fund Ref: A.C.A. 14-52-111, A.C.A. 21-6-307, A.C.A. 17-19-111, A.C.A. 17-19-301 1. Reasons for Using Secured Bail If a defendant fails to appear in Court, the bail bond agent and company activate a pursuit. In the vast majority of cases this person will be apprehended and returned to the proper court or law enforcement agency. 2. Bail bond companies are not restricted to city, county, or state lines when pursuing a person that has failed to appear in court. 3. Secured bail bonds are financially guaranteed by licensed companies. 4. A secured bail bond is issued at no cost to the tax payer. 5. Various state and local fees are collected on every bail bond posted.
Action on Bonds, District Court
.District Court - Ark. Code Ann. §16-84-201 1. Show cause order to be promptly issued to surety requiring appearance on date set by court "not more than 120 days after the issuance of order." 2. 120 day period begins to run from date notice is sent by certified mail to surety at address shown on bond, whether received or not. 3. If defendant is apprehended in 120 day period no judgment is entered - (if court is properly and timely advised). 4. If defendant is located in another state and location is known, "appropriate law enforcement officers shall cause the arrest" and surety "shall be liable for cost of returning" defendant. 5. If defendant is not returned within the 120 day period - bond may be forfeited without further notice or hearing. 6. If judgment is entered - court may give surety consideration for expenses of attempt to locate and apprehend defendant. 7. After a judgment is entered, the court can send a certified copy of the judgment and a copy of the service to the Arkansas Professional Bail Bondsman Licensing Board. The APBBLB will in turn notify the bail bond company for prompt payment. Failure by a company to pay forfeitures will result in suspension and revocati
Action on Bonds, Circuit Court
Circuit Court - Ark. Code Ann. §16-84-207 1. Show cause order to be immediately issued to surety requiring appearance on date set by court "not more than 75 days after the issuance of order." 2. 75 day period begins to run from date notice is sent by certified mail to surety at address shown on bond, whether received or not. 3. If defendant is apprehended in 75 day period no judgment is entered - (if court is properly and timely advised). 4. If defendant is located in another state and location is known, "appropriate law enforcement officers shall cause the arrest" and surety "shall be liable for cost of returning" defendant. 5. If defendant is not returned within the 75 day period - bond may be forfeited without further notice or hearing. 6. If judgment is entered - court may give surety consideration for expenses of attempt to locate and apprehend defendant. 7. After a judgment is entered, the court can send a certified copy of the judgment and a copy of the service to the Arkansas Professional Bail Bondsman Licensing Board. The APBBLB will in turn notify the bail bond company for prompt payment. Failure by a company to pay forfeitures will result in suspension and revocation. 8. A circuit court may suspend a bail bond company's or agents ability to issue bail bonds in its court if the bail bond company or agent fails to comply with an order of the circuit court or fails to pay forfeited bonds in accordance with a circuit court's order
Arkansas Professional Bail Bond Licensing Board
Professional Bail Bondsman Licensing Board (State agency that regulates the bail industry) 900 W. Capitol, Suite 400 Little Rock, AR 72201 Phone 501.682.9050 Fax 501.682.9053 BOARD MEMBERS CURT CLARK Action Bail Bonds, LLC JOHN MULDOON H&H Bail Bond Co., Inc. BUCK JOYNER Bucks Bail Bond Co., Inc. PERCY WILBURN Chief of Police, Lake Village KEVIN MOLDER Sheriff of Poinsett County CLAYTON EDWARDS Citizen at Large LINDA CRAIG Citizen at Large