Frequently Asked Questions

What does a Bail Agent do?

When a person is arrested, most times bail is set. A bail bonds person posts that full amount and in MT charges 10% as the fee.

Do I have to use a Bail Agent to get someone out of jail? What are the options?

No. A person can post the full amount of the bail bond themselves or put up land or property directly with the Court. The bail or property is held by the Court until the case is settled.

What is the 10% bail rate?

By Montana state law, a 10% bail rate has to be charged by a bonds person. This is the fee to post the full amount of the bail.

What happens after the defendant is released on bail?

After the defendant is released on bail, he/she will be out until the case is settled. He/She is required to make all Court appearances.

What happens if the person that I signed for does not appear in Court?

In Montana, if a person fails to appear for Court, the bonds person is given 90 days to either produce the defendant in Court or return them to jail. If the person cannot be found within 90 days, the person that signed (co-signer) is responsible for the full amount of the bail. Also, the Court can issue a warrant for the defendant's arrest.

What happens if the defendant is late for Court or misses the Court date?

If the defendant cannot appear at their scheduled date and time, they can contact the Court and set up a new Court appearance.

Should the defendant or co-signer notify anyone of a move or job change?

Any change in basic information for the defendant or co-signer needs to be reported to the bonds person.

Can the defendant leave the area?

The defendant can leave the area only with permission from the Court and the bonds person.

How long is the bond good for?

The bond is held by the Court until a verdict is returned or charges are dismissed.

Am I criminally liable if someone I signed for does not appear for Court?

A co-signer is responsible for the full amount of the bond if the defendant misses Court and cannot be found within 90 days. If the co-signer aids the defendant in fleeing or hides the defendant, they can be criminally charged.

When collateral is required to guarantee a bond, how and when do I get it back?

When collateral is put up to guarantee a bond, that collateral is returned upon the case being settled.

Do I need an Attorney?

An Attorney is recommended to help with the Court proceedings.

What about the public defender?

A public defender is provided free of charge if the defendant cannot afford to hire their own Attorney.

. Do I get the 10% fee back?

No. When a person is released on bail through a bonds person, the 10% fee is earned and will not be returned. The 10% fee is the cost for putting up the full amount of the bail.

Can the co-signer have the bail bond revoked?

. If the defendant is arrested on a new charge or fails to appear for Court, the bail bond can be revoked. The defendant has to be in custody in order to do that.

Can I get a bond posted in another state through a Montana bonds person?

Each bonds person is licensed in the state that they live in. Bonds people work with surety companies that are nation wide and have agents in many states. The surety company can be contacted to see if a bond can be posted in another area. There is an extra fee involved for the transfer.

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