General information about the bond will be public record, because it is filed with the court in which the case is pending. For example, what company posted the bond and the bond amount.
A bail bond is a surety bond, which is posted by a bail bond company to the court as a guarantee for an arrestee’s appearance at all court dates. The court will release an arrestee from detention upon posting of the bail bond. Bail bonds are underwritten and issued by licensed bail agents which act as the appointed representatives of licensed surety insurance companies.
However, the personal information that a person had to supply to a bondsman is not “public” information. Also, bondsmen do have a Code of Ethics, like attorneys, that requires them to keep certain information confidential. And since bonding companies aren’t government organizations an open records request would only exist if the company had a policy that allowed for open records requests.
With that said, if there was a current civil or criminal case in which some evidence in the hands of the bondsmen would be relevant, an attorney may be able to obtain a subpoena for the evidence.
The personal information may include the details collected at the time of booking, like:
- Record your personal information (name, date of birth, physical characteristics);
- Record information about the alleged crime;
- Record your fingerprints, and photographs;
- Check for any criminal background;
- Search your person and confiscates any personal property like keys, phone, or a purse (to be returned upon your release);
“It is a public record and can be found in the district clerk’s office of the county you were arrested. You do not need an open records request to obtain it. The document states the amount of your bond,the charge and who bonded you out”
The bail proceedings can vary from court to court, but generally the court will have a bail hearing to decide whether to grant bail (in extreme cases a court can deny your release altogether) and, if so, what amount is appropriate. The court will have a bail hearing, during which it will consider:
- Your physical and mental condition;
- Your financial resources;
- Your family ties;
- Any history relating to drug and alcohol abuse;
- Any criminal history;
- Any previous record concerning appearance at court proceedings; and
- The length of your residence in the community.
As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.