Criminal Law Questions – How do bail bonds work?

When a person is arrested for a crime, a judge will set the amount of bail based on the seriousness of the crime and the defendant’s criminal record. If the defendant cannot pay the bail amount, he will remain in jail until his scheduled court appearance. This is a problem for many people who are arrested. A person often has work and family obligations, and being cooped up for an extended period of time could bring difficulties. People who find themselves in this difficult situation need a bond in order to be released quickly.

A bond is a guarantee between the court and a surety or bond company. The bond guarantees that the defendant will appear in court for their scheduled appearance. If the arrested party does not appear in court, the bail bondsman is responsible for paying the bail amount. Many bail bond companies seek guarantees for high bail amounts because the bondsman must post bail for a defendant who does not appear.

The fee for securing a bail bondsman is 10% of the total amount set by the court. Most state governments set the legal amount that bail bond companies can charge. For example, if the bond is set at $50,000, the defendant would pay $5,000 to the bondsman. Bail bond agent fees are non-refundable and cover services rendered to secure the bond. Most low-cost bail amounts do not require collateral.

Usually, it is a friend, relative, or loved one who makes the first contact with a bail bond company on behalf of the defendant. Being arrested or having a loved one in custody is always stressful. It can also be quite traumatic. Agents have to deal with stressed customers every day and are often ready to help speed up the process. The bondsman will request some basic information to begin processing the bond. The officer will ask for the arrested person’s full name and date of birth, the name of the jail, the city, the date she was arrested, and the amount of bail set by the court. A bail bondsman can help obtain information that may not be known.

Some people are surprised to learn that bail is not considered a source of revenue for the state, nor is it set to punish the defendant. It really is just an incentive for the defendant to appear in court without trying to run from the law. In most situations, the bondsman’s fees are relatively affordable and will not have a major impact on the defendants’ finances. Paying the bail bondsman is much more affordable than posting bail or being locked up for weeks. Obtaining a bond from a reputable bail bond company can be a quick process with a minimum of hassle.