Bail bonds are available in Delaware State, and the following conditions shall be observed for one to be considered in the issuance of a bail bond.
Conditions of bail bonds
- LicensingLicensure of the bail enforcement agents requires that the applicant must be:
- At least 21 years of age and must have a good moral character.
- The applicant must have never been convicted in any state of a criminal offense or a felony.
- Of sound mind, he/she must have never been admitted to a mental hospital or institution unless they have a certificate from a certified doctor showing that they no longer suffer from the mental illness.
- The applicant has never been held accountable for cases involving abuse, sale or possession of narcotic drugs, dangerous drugs, or drugs having a depressing effect on the central nervous system.
- Forfeiture Notice
- Notice of forfeiture will be issued in case there is a breach of conditions of a bond. The court may end up declaring the forfeiture of the bond.
- When a forfeiture has not been set aside, the court will enter a judgment of default and followed by an issuance of execution.
- Bail agent’s arrest authorityIf the defendant fails to attend the further trials as agreed in the bond, the justice or the judge shall declare the bond forfeiture and order the defendant’s immediate arrest.
How much does a bail cost?
The value of a bail bond in Delaware is determined by the law. The cost of secure bail bonds in Delaware is ten percent of the bail. An example is when the bail is set at 2,000 U.S Dollars, the Delaware bail bond will end up costing 200 U.S Dollars. Cash bail is charged at the range of 20-30 percent. According to the Delaware state laws, it is against the law to acquire cheap bail bonds. Bail bond companies may try to lure clients by offering them cheap bail bonds. Charging less or more than the amount set by the laws is illegal, and it shall lead to a legal action against the parties involved. It is advisable for one to get relevant information on how to find a reputable bail bond company. It is also illegal for a surety bail agent to charge an administrative fee, service charge, or agent fee on top of the designated amount set by the state. The act shall lead legal proceedings against individuals involved. The total charges or commission established by the Delaware State laws for a cash bail should not be less than 20 percent or more than 30 percent of the bail amount posted by the property bail agent.
Current regulatory news for Delaware State
The following legislations are set by the Delaware State in the best interest of the members of the citizens of Delaware to protect them from manipulation by unqualified individuals masquerading as bail bond agents.
- The Board of Examiners of Bail Enforcement Agents is established to protect the public and to carry out functions and duties as specified by the laws.
- The board has the responsibility of determining the amount of fee to be paid by applying individuals and those renewing.
- A person applying for a license shall be required to submit his/her details including name, sex, social security number, age, race, date of birth, height, weight, and hair and eye color. The individual’s legal place of residence and any other information that may help in determining the applicant’s criminal record will be required.
- In the case of change of address, the applicant will be expected to send a notice to the professional licensing section within 14 days from the day of changing the contact information such as the physical address, phone number, or the E-mail address.
- A successful applicant will be issued by the professional licensing section with an identification card, a badge, and a license. The documents issued shall expire, and they are renewable on the fourth-anniversary date of the applicant.
- Any person who has been issued with the identification card and a badge shall be required to possess it while carrying out their duties.
The history of bail bonds
The bail laws concept was introduced in the United States out of a long history of English Statutes and policies. The Americans relied mostly on bail bonds during the colonial period, during this period bail law was patterned after the English law. The United States opted to adopt the English criminal system to curb the rise in criminal activities. The United States was able to establish a penal system that offered an affordable means of release from jail. In England, the local sheriffs had a challenge of keeping criminals locked until their day of the trial due to lack of a magistrate in the local towns. As a result, the king offered the sheriff’s authority to decide the fate of the criminals based on the severity of the crime. A Statute of Westminster was passed in 1275, to remove some of the temptations from the sheriffs.
The statute clarified the type of crimes that could be bailed and those that could not be bailed. After the statute had been enforced, no other changes took place for a long period. The U.S Congress instituted a Bail Reform Act in the year 1966 that stated a defendant facing a trial for a non-capital offense shall be released on a personal bond or their personal recognizance. The judge was also allowed by the act to impose a restrictive alternative such as limiting the accused movement if he/she is believed to be capable of skipping the court’s proceedings.
Delaware State added guidelines that were similar to the 1955 act passed by the Congress. Safety of the community was a factor that was added by the federal justice system to be noted when imposing a bail. The Bail Reform Act was then passed in the year 1984. The new version that was introduced in 1984 suggested that a person will be denied bail if they pose a risk to the community, may intimidate witnesses or may end up committing a violent or drug-related crime.
Famous bail bond incidents in Delaware
A man named Charles Drenth was arrested by the Delaware State Police Sex Offender Apprehension and Registration Unit after he was unable to verify his employment status as dictated by the law. The man was arrested by the Delaware State Police Sex Offender Apprehension and Registration Unit at the Georgetown Airport. The man was ordered to register as a sex offender after he was convicted by a court of law in Kent County Superior Court in 2002. After complying as a sex offender as ordered by the Delaware state laws, he was later arrested for failing to verify his employment status in the state of Delaware as required by the law. Charles was arrested by detectives and later released on $4,000 unsecured bail.
Various factors such as the cost of a flight by the defendant, the defender’s criminal records, and the community’s safety are considered before a bail is set. Certain conditions may also be imposed on the bail. Four primary types of bonds are available in Delaware State, and they include Signature or Own Recognizance, Unsecured, Secured, and Cash Only.