Address:
569 West Main Street
Batesville, AR 72501
Phone:
870-612-6880
Does Independence County have bail?
What kind of bonds are accepted in Independence County?
Who can set bail in Independence County?
When is bail set in Independence County Arkansas?
Yes, Arkansas is a bail state and Independence County allows bail.
Independence County recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest. The judge in Arkansas considers one of the following bonds:
1. An unsecured bond in an amount set by the judicial officer.
2. An unsecured bond with 10% cash or securities valued at 10% of the bail amount. 90% of the 10% will be returned at the end of the proceedings as long as the conditions have been met.
3. Secured bond by cash or property from the defendant family or a qualified bond agent.
A sheriff or police officer is authorized to set bail during the time of the arrest. If held in a city jail, a police officer can accept bail and a sheriff can accept bail in a county jail. In the higher courts, the judge sets bail at the initial appearance.
It is the law in Arkansas that the judicial officer can only set money bail if it is determined that no other conditions will guarantee that the defendant will appear in court.
Bail can be sent by the arresting officer at the time of booking and if the offence was a misdemeanor the bail is immediately paid, the date for the initial appearance before a judge will be made.
Bail is what the arrested in Independence County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Independence County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Independence County Detention Facility until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
Bail and bond are used interchangeably to mean the same thing but technically, they are different.
The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions.
Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Independence County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid. Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid. Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Yes, Arkansas is a bail state and Independence County allows bail.
Independence County recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest. The judge in Arkansas considers one of the following bonds:
1. An unsecured bond in an amount set by the judicial officer.
2. An unsecured bond with 10% cash or securities valued at 10% of the bail amount. 90% of the 10% will be returned at the end of the proceedings as long as the conditions have been met.
3. Secured bond by cash or property from the defendant family or a qualified bond agent.
A sheriff or police officer is authorized to set bail during the time of the arrest. If held in a city jail, a police officer can accept bail and a sheriff can accept bail in a county jail. In the higher courts, the judge sets bail at the initial appearance.
It is the law in Arkansas that the judicial officer can only set money bail if it is determined that no other conditions will guarantee that the defendant will appear in court.
Bail can be sent by the arresting officer at the time of booking and if the offence was a misdemeanor the bail is immediately paid, the date for the initial appearance before a judge will be made.
Yes, your attorney can also request a bond reduction if a judge already set the initial bail.
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of Arkansas could be the surety and execute a bond to the court on your behalf.
Almost all counties in Arkansas accept online payments or payment by phone with an associated fee. It is important that you pay the correct officer or Independence County Clerk of Court and not pay a scammer.
Cash is accepted in some counties and not others and it is dependent on the amount. Most all jails and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Please contact the jail for specific information on what methods of payment are accepted.
Go to the Independence County Detention Facility for more information about posting bail in Independence County.
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished.
There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount including an $80 minimal fee imposed by the court.
If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
All professional bond companies must collect a 10% fee before the defendant is released from jail and there non-refundable are court fees in addition. The court can provide you with a list of approved and licensed bond companies in Independence County.
If you have an attorney, it is a good idea to ask which has the best reputation or you can read reviews by others who have used them. It would be advisable to find out exactly how much they would charge, including extra costs.
You can call several bond companies and negotiate the best rate and conditions for you, although not all bond companies are obligated to execute a bond for you.
BOND - What is bond and how is bond posted?
The terms “Bond” and “Bail” are often used interchangeably, although there are technical differences.
The purpose of requiring the posting of a bond is to ensure that an arrested person will appear in court to answer his or her charges after release from custody.
Generally speaking, judges determine the amount of bond, while the sheriff determines the sufficiency of the bond, Arkansas Code 16-84-105 and 16-84-110.
Arkansas Code 16-81-109. Bail: “When any sheriff or other law enforcement officer makes an arrest, he or she is authorized to take and to approve bail in the manner provided by law wherever he or she makes the arrest.”
Arkansas Rules of Criminal Procedure, Rule 8 and Rule 9: These rules govern first appearances in court and the setting of bond/bail if the arrested person is still in custody.
Type of Arrest: If a person is arrested with a warrant, the warrant will generally have the bond amount listed.
If a person is arrested without a warrant, bond may be set in the manner prescribed above.
Type of Bond: There are several forms of bond that are authorized by law.
CASH: An arrested person, or someone acting on his behalf, may post the entire bond amount in cash, which will be held by the sheriff or the court pending disposition of the criminal case.
SURETY: An arrested person may secure his release through the utilization of a professional licensed bail bonding company. This is known as a “surety bond”. The bonding company will charge the arrested person certain “fees” for the service of posting a surety bond to secure the release from custody. Those fees are non-refundable and are not applied to any fines, costs, or restitution that may later be ordered by the court. Note: A law enforcement officer is prohibited from recommending the services or any particular bonding company or bondsman.
SHERIFF’S BOND: The sheriff is authorized to accept collateral as bond to secure the release of the arrested person from custody. Note: The Cleburne County Sheriff’s Office does NOT authorize or accept so-called “Sheriff’s Bonds”.
OWN RECOGNIZANCE: A court will sometimes authorize a person in custody to be released on his “own recognizance”, which is nothing more than a promise to re-appear at a later date for further judicial proceedings. These are rarely authorized for other than very minor offenses.
RULE 5.2 PRE-TRIAL RELEASE: The ranking person on duty at the jail or detention center may authorize the release of a person from custody by utilizing a citation to appear as authorized by Rule 5.2 of the Arkansas Rules of Criminal Procedure. With respect to misdemeanor offenses, this authorization falls exclusively within the discretion of the Office of Sheriff. With respect to felony offenses, a recommendation from the Prosecuting Attorney is needed in order for a Rule 5.2 release to occur. Note: Rule 5.2 releases are rarely authorized by the Sheriff’s Office, generally only in cases of severe overcrowding or emergency situations. This release option is available only prior to an appearance before a judge, after which the sheriff’s office must follow the orders of the court.
Standard conditions of pre-trial release or “conditions of bond” may apply in all instances, and failure to abide by those terms and conditions may result in the bond being revoked and the person being returned to custody.
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a Arkansas state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
