Can You Be Taken Into Custody By A Bail Bondsman?

The powers of bail bondsmen within the confines of the law have been extensively discussed. It is true that courthouses work closely with bail bondsmen. However, does this make it a government agency? More importantly, can you be arrested by a bail bondsman? This article seeks to answer these concerns among others.

Before continuing, it is important to first clarify what a bail bond is. Guaranteed by a bondsman licensed by the state and backed by an insurer, a bail bond is also referred to as a surety bond. In case you do not show up in court as directed, the bail bondsman pledges to pay the bond in full to the court. This actually sounds quite straightforward. However, the situation might get a little tricky. The bail bondsman is legally empowered to track down and bring to court a defendant who skips their scheduled court appearance. More importantly, the bondsman is under the law also allowed to take the fugitive into custody after tracking them down to their place of hiding.

This does not mean that once you miss a court appearance you should expect a bail bondsman to pay you a home visit. However, bondsmen are not required to have a warranty of arrest and have the right to detain fugitives for as long as it takes to hand them over to law enforcement agents, simply because they are not considered to be agents of the government. Any documents demonstrating the power of the bail bondsmen to pursue and take fugitives into their custody must be kept in their possession at all times. Bail bondsmen may hire a bounty hunter to pursue, take into custody and deliver fugitives to the authorities. You should take some time to find out more about how bounty hunters differ from bail bondsmen.

Seek Assistance From a Trusted Bail Bonds Company

We have witnessed numerous cases where defendants have failed to appear in court over the five decades we have been operating in this industry. Of all the things defendants can do, this is by far the worst. This further escalates the legal consequences they face, for starters. Furthermore, this also puts in jeopardy, their relationships with anyone who made an effort towards getting them out of police custody to begin with. Making sure that you attend scheduled court appearances, is by far the most important piece f advice we would offer to defendants. Just because you don’t feel like attending court, we don’t want to see anyone close to you losing the thousands they put down as your bail. We also do not want to have to come to your house with law enforcement officers.

We are committed to helping you answer all of your Bail Bonds questions. Our team includes a number of fully trained and licensed bail bondsmen. We guarantee that your case will be handled professionally and privately. Getting our clients out of police custody as soon as possible is our main focus. In addition to helping you understand what to expect, we also explain the entire process to you, something that other bail bonds services don’t do. To help you and your loved ones through a tough situation, our flexible and creative agents do what ever is necessary.

We proudly offer these bail bonds services:

• Bail Bonds For Domestic Violence Charges
• Bail Bonds For Driving Under The Influence Charges
• Bail Bonds For Drug Related Charges
• Our Bail Bonds Services Are Available Around The Clock, Every Day Of The Week

How to Discover a Trusted Bail Bondsman

When a good friend or relative is jailed, your very first priority might to get the person out of prison on bond. The bond quantity for the person will depend on their charges and the bail bond laws in the state or location they were arrested in. Finding a trustworthy bail bondsman will ensure the bail bond procedure goes efficiently and the individual posts bond successfully.

What You Must Know Prior To Contacting A Bail Representative

There is particular info that a bail agent will need in order to assist you:

• Where is the person in custody? (Make sure that you ask the individual in custody where they lie consisting of the city, state, and the name of jail).
• What is the full name and booking number of individual in jail? The bail representative will need this info in order to call the prison. The bail agent can get the booking number for you if you forgot or if it was not available.
• How much is the bail? The bail representative will get this details when they get in touch with the jail if you do not have it. With the bail amount, the bail bondsman can tell you the amount it will cost to post a bond and requirements to get the person out of prison.

How Do I Get An Enjoyed One Out Of Prison Quick?

For the most part, they might require to work with a skilled bail bondsman in order to avoid spending time in jail. A bail bondsman will have developed relationships with the judges, attorneys, and others involved with the judicial system. They’ll have the ability to assist their client handle the system. There are certain things a person need to know before they hire a bail bondsman.

Are There Any Discount Bail Bondsman?

First off you do not usually have time to search for a Bail Bondsman. And you may not even know what it is they do or how they do it. So, let’s start at the beginning. What is a Bail Bondsman? When a person is apprehended, they appear in front of a judge. The judge figures out “bond” an amount indicated to ensure the individual will show up for their next court appearance. If they don’t have the money … they go to a bail bondsman to publish it for them.

You can find out the total bail quantity at the prison. The judge on the case will identify the bail based on how severe the criminal offense was and whether the offender could be a flight danger.

With extremely extreme crimes, bail isn’t provided at all, however most criminal activities aren’t considered this serious. For often committed crimes, a pre-set bail schedule is utilized to determine the quantity owed.

How Do I Find Out Just How Much Bail Will Expense Me?

The sooner you find out just how much bail you owe, the faster you can decide the next steps you require to take. In some cases, the offender can even ask the judge for a lower bail amount. An attorney can help you with this.

The biggest problem many confront with bail is its cost. For lots of, the quantity of cash it costs to bail themselves or an enjoyed one out is merely too much to handle. You don’t want to invest all your savings on bail only to leave prison and have no loan. And you’ll feel even worse if a liked one handles the often expensive expense.

Luckily, the bail bonds system exists to assist you leave prison without spending more than you need to. A bail bondsman will deal with you to publish bail, that way you or your liked one can leave jail without needing to cover the whole expense of the bail bond by yourself.

How Can I Find a Trusted Bail Bond Agent?

The whole procedure of getting out of prison after an arrest is confusing, so having somebody on your side who can stroll you through it can be a great relief. A bail bondsman knows how to manage each circumstance you may deal with and can help you understand everything from the laws to the legal jargon. If you’re searching for a bail bonds service in Phoenix, Arizona think about among these Relied on Bail Bonds. We’ll provide the monetary and emotional support you require to obtain or your loved one out of prison quickly without falling under mountains of debt.

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“Pretrial Release of Felony Defendants in State Courts” (PDF). U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. November 2007. Archived in the original (PDF) on 2012-11-04. Retrieved 2012-08-15.

“Illegal Globally, Bail for Profit Remains in U.S.” U.S.. Retrieved 2008-01-29.

Along with the use of bond bonds, a defendant may be released under other conditions. These alternatives include pretrial services applications, own recognizance or signature bond, cash bond, surety bond, property bond, and citation release. The choice of these alternatives is determined by the court.citation needed

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a b c Johnson, Brian R., and Ruth S. Stevens. “The Regulation and Control of Bail Recovery Agents: An Exploratory Study.” Criminal Justice Review 38, no. 2 (2013): 190-206.

Several high-profile instances involving bondsman misconduct have led to calls for increased regulation of their industry or outright abolition of their bond for profit industry. 22232425 One of the most prominent situations, in Louisiana, included bribery of judges by a bail bond agency. A far-reaching FBI investigation code-named”Operation Wrinkled Robe” contributed to criminal charges and removal proceedings for various judges, for example Ronald Bodenheimer, along with police officers.

Barnes, Meritt. “Corruption Central: Peter P. Mc Donough”. Foundsf. Retrieved 2018-12-13.

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Contrada, Fred (25 March 2014). “Bail bondsmen are a thing of the past in Massachusetts”. Mass Live. Retrieved 11 July 2017.

Santo, Alysia (23 August 2016). “Bail Reformers Are Not Waiting for Bail Reform”. The Marshall Project. Retrieved 13 April 2018.

In California a landmark case regulating commercial free speech has been decided on November 5, 2013, which held that the conviction of Bail Bondsman Todd Russell Dolezal 27 after his felony arrest from the California Department of Insurance,28 Investigation Division, Senior Investigator Gulcher 29 for bail solicitation. Underneath Dolezal v. California, the California Court of Appeals held that the narrowly tailored restriction on commercial speech prohibiting direct solicitation of bail at a jail passes constitutional muster.

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“Moving Beyond Cash: A Primer on Bail Reform” (PDF). Criminal Justice Policy Program. Harvard Law School. October 2016. Retrieved 10.

Liptak, Adam (2008-01-29). “Illegal Globally, Attorney for Gain Remains in U.S.” The New York Times. Retrieved 2018-08-25.

Cornell Law Review, 12.2, February 1927, p. 153

“Hidden Benefits of Car Insurance”. bail bonds near me cheap Phoenix National Association of Mutual Insurance Companies. 28 February 2001. Retrieved 10. Permanent dead connection

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Maveal, Gary (March 2000). “Michigan Lawyers in Background Justice Frank Murphy, Michigan’s top Citizen”. Michigan Bar Journal. State Bar of Michigan. 79 (3). Retrieved 2012-06-17.

“The Fugitive: Evidence on Public versus Private Law Enforcement from Bail Jumping.” DOI: 10.1086/378694

As of 2007update four countries Illinois, Kentucky, Oregon, and also Wisconsinhad completely banned commercial bail bond,16 usually substituting the 10% deposit option described previously. A number of those states specifically permit AAA and similar organizations to keep on supplying bail bond services pursuant to insurance contracts or membership agreements.citation necessary While not illegal, the tradition of bail bond agencies has effectively ended in Massachusetts as of 2014.17 Most of the US legal institution, including the American Bar Association and the National District Attorneys Association, dislikes the bail bond industry, saying it discriminates against bad and also middle-class defendants, does nothing for public security, and usurps decisions that ought to be manufactured through the justice system.

This is since a bail bondsman will not find it profitable to work on matters where the proportion of gain will yield $10 or $20. Therefore, bail bondsmen help release people with higher amounts of bail that are also charged with greater crimes, making an imbalance in the numbers of people charged with minor offenses (low level misdemeanors) and raising jail expenditures with this group of crimes.

a b Watson J, Labe LJ. (2001). “Ch. 8 Attorney Bonds”. In: The Legislation of Miscellaneous and Commercial Surety Bonds. Eds. Todd C. Kazlow, Bruce C. King.

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The American Civil Liberties Union has criticized the practice of bond bonds as a Kind of correlation against low income communities and fueling mass incarceration of innocent people using the ACLU recommending automatic text messages or robocalls for court looks 32

“NRS 697.320.   Collateral”. Nevada Revised Statutes. Nevada State Legislature. Retrieved 10 July 2017.

This ruling prompted a statewide email note 31 to each of California licensed bail representatives regarding the judgment. .

Keller D. (2008). Resolving a”Substantial Query”: Just Who Is Allowed to Attorney Pending Appeal below the Bail Reform Act of 1984. Florida Law Review.

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18 The economically discriminatory effect of the bond system was controversial and subject to efforts at reform since the 1910s. The market evidence suggests that judges in setting bail demanded reduced probabilities of flight out of minority defendants. 19 See, by Way of Example, Frank Murphy’s institution of a bond department at Detroit, Michigan’s Recorder’s Court.

Bail Bonds For Federal Cases Phoenix Fundamentals Explained

Generally speaking, any time someone is arrested there’ll be three potential outcomes: the arrestee is released, the arrestee is charged and released on bond, or so the arrestee is billed and remains in custody until the case comes to a conclusion.  Bail is 1 way individuals may be released from jail prior to your court ascertaining guilt.

Secondly, the authorities can discharge the defendant only after he or she pays the suitable bail amount. Third, law enforcement may continue to keep the defendant in custody until a court retains a bond hearing. State law determines that of those 3 choices uses in any given situation. Generally, arrests for low-level offenses, like disorderly conduct or petty larceny, will often lead to release with a written notice to emerge, while more serious offenses, like serious violent crimes, will end in the defendant remaining in custody until a court may hold a bond hearing.

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Community Connections.  Someone with strong connections to a community, like somebody who possesses a local business or whose entire family is located in the area, may be less inclined to flee or don’t reappear at court than somebody who’s merely visiting. Family Obligations.  Courts might be more inclined to inflict a lesser bond amount when a defendant is accountable for the well-being of family or other allies.

At times the police will release arrestees without filing charges, but if charges are filed, the arrestee might have to stay in custody until released on bond, before a court renders a judgment, or before the situation is otherwise resolved. Booking Booking is the administrative process that follows an arrest. During this process, the authorities perform a series of tasks, such as taking the arrestees photo, documenting personal info such as name, date of birth, and era, taking fingerprints, carrying any physical possessions the arrestee has and placing them in a storage facility, hunting for any urge, doing a health evaluation, and placing the arrestee in a detainment holding area.

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(Federal courts don’t have bail schedules, and bail amounts have been up to the discretion of this court) By way of instance, the State of California needs a bail hearing in all cases involving certain offenses, like spousal batterylife, spousal rape, and making terrorist threats. In general, if state legislation allow for this, a defendant can be released on bail immediately after reserving as long as the suspect can pay the appropriate quantity.

Bail Conditions as well as determining a bail amount a defendant must pay to get released, courts normally impose additional limitations or requirements defendants when making a bail decision.

For instance, a states bail schedule might set bail for the offense of disorderly conduct at $1,000, or even set a $5,000 bail for bankruptcy. States laws will ascertain not only what bail amounts are appropriate for every crime and whether police can release a defendant without needing bail, but also whether defendants are allowed to post bail following booking or if they must wait for a bond hearing.

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Similarly, a court can consider if a defendant is employed and probably to shed that employment as a result of being not able to pay bond and staying in custody. People with criminal histories particularly people who have histories which involved failures to look at court generally have greater bond numbers than those that are from the criminal justice program for the first time.

Bail may but does not necessarily involve the defendant (or somebody about the defendants benefit ) committing cash to a courtroom.

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Bail Hearings If a court holds a bond hearing, it decides how much bail applies to a particular case. Courts do not always need to let bail, and may deny it if permitted by state law. After the court decides bail sums or if to deny bail, it includes a variety variables:Flight Risk.  Some defendants pose a higher flight risk than others.

Therefore, bail isn’t a punishment granted prior to someone being found guilty of any offense, but a means to ensure that criminal defendants return to court with no requirement of maintaining them in custody the entire moment. Applicants may play an essential function in the criminal justice procedure, as it serves to limit the quantity of jail space needed, and make sure that individuals who are free while their cases are continuing will go back to court.

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Or, they might even deny bail entirely. Generally speaking, a more serious offense will have a greater bond amount compared to a less serious crime. By way of example, bond for someone accused of a little theft may be $1,000 or not, but bail for someone convicted of murder may be thousands and thousands of dollars or more.

A bail bond protects the offender’s launch and also generally prices around 10% of the bond’s stated value (a $5,000 bond prices $460). Yet the endorser approves the full responsibility if the defendant stops working to appear.

Although many people are vaguely familiar with the concept of a bail bond, couple of comprehend the specific mechanics. This short article supplies a comprehensive explanation of just how a bail bond operates in Tucson.

At arraignment, if a situation is not disposed (finished), the judge needs to figure out whether the defendant can stay cost-free for the period as well as, if so, under what problems. The judge will pick one of the options listed below (percents reveal share).

If the court chooses to have the defendant launched on bond, she or he must set at least 2 of the nine kinds of bond established by Tucson Bad guy Procedure Legislation Component 520.10. In the frustrating majority of instances, both kinds are cash bond and also industrial bail bond.

Although these two kinds of bond are set together, they are not always evaluated the same quantity. In about 35% of instances, the judge sets a money bond discount: where the money bond quantity is listed below the bond quantity. [2] The judge may set cash bond at $2,500 and bond at $5,000. This is in some cases described as “$2,500 over $5,000”.

The mechanics of cash money bond are straightforward sufficient. The family members messages the cash with the court or the Division of Corrections and the accused will be launched. bail bonds Tucson is refunded as soon as the case concludes (minus 3% in the instance of a guilty decision)if the offender makes all appearances. The cash is surrender if the defendant misses out on a look.

A bail bond functions rather differently. Initially, while basically anybody can publish cash money bond, only a licensed bail bondsman can upload a bail bond (see listing of active representatives here).

To get bond, a pal or household participant of the defendant will need to get one from a bail bond company. This individual is conversely described as the cosigner, the indemnitor, and the surety. By authorizing for the bail bond, the individual promises that the defendant will make all appearances, and also if not will certainly pay the complete stated value of the bond.

The “ahead of time” price of a bail bond is normally considerably much less than the bond’s face value. The cost can be burglarized 2 parts: the costs as well as collateral.

The costs, or charge, spent for a bond is established by Arizona State Law, and also is usually 10% or somewhat below 10% of the bond amount. Use our Live Quote Tool to determine the cost for a given bond amount.

The 2nd component of the ahead of time expense is the collateral taken. While the costs you pay is never ever refunded, any collateral you post will certainly be reimbursed at the end of the instance, so long as the offender abides by the terms of the bond.

A selection of aspects figure out whether collateral will be called for and also, if so, just how much. Sometimes, security is needed by the court. In various other situations, security is called for by the bondsman to mitigate danger. Take a look at ‘What security is required for a bail bond in Tucson?’ or use our 5-Minute Quote Device to obtain a quote that includes costs as well as security.

Research study conducted by Tucson Wrongdoer Justice Agency (CJA) recommends that the average security taken on bonds under $10,000 was 40% of the bond’s face value. That number sounds high to us. Collateral quantities may have dropped considering that the CJA’s study in 2005, bail bondsman might misrepresent the amount of collateral they take, or the firms we partner with might be outliers.

If the family can manage the overall ahead of time expense of the bond (cost + collateral), the next action is to sign the arrangements. The individual signing for the bond (the indemnitor) approves liability for the amount of the bond, should the offender fail to show up. Because of that, a bondsman will normally only accept a bond if the person finalizing for it has constant work and a sensible annual earnings.

Once the documents is total, the bondsmen have to still present the bond before a court for approval. The court will certainly authorize a launch slip advising the Department of Corrections to launch the inmate if the bond is accepted. To review more concerning that process see ‘For how long will it take for a prisoner to be launched from Rikers or various other Tucson prison?’.

After the accused’s release the bond stays energetic, and also the arrangement is binding for the full life of the case. Every firm that we understand of will need the offender to show up at the firm workplaces to finish some documentation. Some agencies require the offender to look into the workplace as soon as a week. The companies we partner with usually need check-in via message or phone call.

If the accused misses a look or comes to be unresponsive, the bond company will certainly withdraw the bond and also send off a recuperation agent to bring the accused back to court. By withdrawing the bond, the accused sheds their bail and will certainly be gone back to detention for the remainder of the case. If the judge orders the bail waive, the individual that authorized for the bond will certainly be compelled to pay the full bond amount, normally even more than 10 times their preliminary repayment.

If the accused makes all looks as well as abides by the regards to the bond then he will certainly continue to be free for the complete length of the case. When the case concludes, the court will issue a record pardoning of bail. In other words, all potential bail obligation is disregarded. The individual who signed for the bond brings a duplicate of this file to the bond company, at which direct the agency will ends the bond arrangement and also reimbursements any kind of collateral taken.

To get bond, a pal or family member of the offender will need to apply for one from a bail bond company. By authorizing for the bail bond, the person pledges that the offender will make all appearances, and if not will pay the complete face worth of the bond.

If the accused misses out on a look or comes to be less competent, the bond company will withdraw the bond and also send off a healing agent to bring the accused back to court. If the judge orders the bond surrender, the person that authorized for the bond will certainly be required to pay the complete bond amount, generally even more than 10 times their initial settlement.

The person who signed for the bond brings a copy of this record to the bond firm, at which direct the company will terminates the bond agreement and refunds any kind of security taken.

Bail Bond FAQs: What You Need To Know

Technically speaking, you don’t need to work with a bail bondsman to post bail. However, most people won’t be able to afford bail without the assistance of a bondsman. When you work with a bondsman, you won’t have to cover the full cost of bail on your own. You’ll be able to pay a percentage of the bondsman, and they’ll cover the rest.

How Can I Obtain A Bail Bond?

There are several different ways to obtain Phoenix Bail Bonding. If you have the full amount that is owed, you can pay cash at the jail or courthouse. You may also be able to use property to cover the cost of bail.

If none of these things is an option for you, your best bet is to work with a bondsman. You’ll be able to pay them a percentage of the total bond. They’ll provide you with a cashier’s check that will cover the rest of the costs.

How Is The Bail Amount Determined?

After a person is arrested, their bail amount will be set by a judge. The judge will consider many factors to decide what the bail should be.

Some of the things the judge will look at will include the crime, the defendant’s criminal history, and the defendant’s living situation. If a defendant is seen as a significant flight risk, they may not be offered bail at all.

What Should I Know Before Contacting The Bondsman?

Before you contact a bondsman, you’ll want to get a few things figured out. You’ll have to figure out what jail the person you’re bailing out is currently incarcerated. You’ll also need to make sure you know the person’s full name and booking number.

In addition to all of that, you’ll need to know how much the bail is. If you’re not sure how much the bail will be, provide all the other information to the bondsman. They’ll be able to contact the jail and find out what the bond requirements are.

How Much Does It Cost To Work With A Bondsman?

The rate that you’ll have to pay a bondsman depends on your location. In some states, the premium may be 8% of the total bond. In other states, the premium might be around 10%.

Because premium rates are regulated, you’ll find that most bondsmen charge the same necessary rates. With that said, if you’re hoping to find cheap bail bonds, you may be able to obtain a few low-cost options.

What Kind Of Collateral Is Accepted?

Different bond offices accept different types of collateral. Types of collateral that bondsmen will consider include real estate, vehicles, jewelry, stocks, and bonds. Bondsmen may also be willing to use your personal credit as collateral.

No matter what you have to offer, you should be able to find a bondsman that is willing to work with you. Research your options for posting bonds and find a bondsman that will accept a type of collateral that you can offer.

When Will The Defendant Be Released From Jail?

The bail agent will post bail as soon as the premium is paid and collateral is signed over. Once that is complete, you will have to wait for the defendant to be processed. Typically, this doesn’t take any longer than a few hours.

Will I Get My Premium Back After The Case Is Over?

When a case has concluded, the bond will be returned to the bondsman. Because you’ll be paying your premium to the bondsman and not the courts, you won’t be getting any money back. The fee that you pay to the bondsman is non-refundable.

When you work with a bondsman, you can get someone released from custody even if you can’t afford to post bail in full. The bondsman is willing to provide the required funds in exchange for your fee. If you pay a fee to a bondsman, you need to be prepared to kiss that money goodbye. You won’t be getting your cash back.

What Happens If The Defendant Misses Their Court Date?

If you suspect that the person you bailed out won’t be making their court date, you’ll want to get in touch with your bondsman as soon as possible. They’ll help you to explore your options.

In most states, the bond can still be recovered for after a period of time. If you turn in the accused before this time limit is up, the bond will not be lost. If the accused is not turned in before the time is up, you may lose out on the collateral that you offered to the bondsman.

In some states, you can hire a fugitive recovery agent to track down someone that has skipped out on their bond. For a fee, the person will track down the accused and return them to custody.

What Happens If The Defendant Is Guilty?

If you agree to bail someone out of jail, it doesn’t matter if they are guilty or innocent. As long as you show up to court at the designated time, their case will have no bearing on the bond.

Posting bail doesn’t have anything to do with a person’s guilt or innocence. Bail just allows someone to leave jail while they await trial. If you suspect that someone is guilty, but are confident that they will show up to all of their court dates, you can bail them out without issue.

Generally speaking, you shouldn’t agree to bail someone out of jail unless you’re confident that they’ll show up for their court dates. When you decide to post bail for someone, you’re taking responsibility for them. You shouldn’t do that unless you’re sure you’re willing to deal with any potential consequences.

Unless you have large quantities of cash on hand, you’re probably going to have to work with a bail bondsman. Now that you have a better understanding of bondsman and what they do, you can decide what your next step should be.

Welcome Reader,

My name is Nathan Bell, and I am the new media chair the Airfields Database of Bail Bonds and Bondsman in the Phoenix, Arizona region. This directory is user contributed however all bondsman or bail bond agents submitted must be approved by one of our moderators prior to being displayed on this website.

We manually verify all submissions by hand that they are real businesses and MUST have verfied physical locations before we publish any listing. Our goal is to provide an up to date verified list of bail bonds services and bondsman in the Phoenix area.

If you are a bondsman and want to be listed in our directory you can submit your business to one of our moderation team members by sending an email to: contact AT airfieldsdatabase.com. Please be sure to include your business Name, Address, Telephone Number, Website Address and a way to contact you should we need further verification.

We moderate comments and submissions and quickly remove anything that is offensive, disrespectful or irrelevant. If you submit irrelevant submissions (considered irrelevant / spam) we will block you from submitting further businesses and your submissions will be deleted immediately.

Feel free to contact us for more information and as always we thank you for reading and visiting Airfields Database and helping us build a simpler directory focuses on delivering the best bail bonds and bondsman in the Phoenix area.

Sincerely,

Nathan Bell