Bail Bondsmen-How They Get You Out of Jail

What Is a Bail Bond? How Does the Bail Bond Process Work?

With certain types of criminal offenses, you can be incarcerated with a requirement that you deposit a certain amount of money with the court, known as bail. Bail is a tool used by the criminal justice system that allows a defendant to be released from detention but with an increased likelihood that the defendant will remain in the jurisdiction and attend all scheduled hearings and proceedings. If the defendant fails to appear, or is found to have left the jurisdiction, the bail amount is forfeited to the court. If the defendant makes all required appearances, the bail is returned at the end of the trial.

What Is a Bail Bond?

A bail bond is like a loan. When you purchase a bail bond, you pay a percentage (generally 10-15%) of the full amount of bail. The bail bond agent then pays the full amount of the court-ordered bail, which the agent will get back if you appear at all required hearings in court. The bail bond payment is not refundable—it’s the cost you pay for the services of the bail bond agent. It allows you to be released from detention without having to personally pay the full amount of the bail.

How Does the Bail Bond Process Work?

The specific details of bail and bail hearing vary from state to state. However, as a general rule, the issue of bail must be resolved within a fairly short time after arrest. In some instances, bail may be set at the arraignment. If not, the court will hold a bail hearing. Once bail is set, you can contact a bail bond agent to initiate the process.

Because a bail bond agent typically pays 90% of your bail, they ask you to pledge collateral (real estate, cars, etc.) to secure the payment. Accordingly, you’ll sign a bail bond agreement, whereby you agree to forfeit your collateral if you fail to appear at required hearings. A bail bond agent won’t issue the bond and pay the bail without sufficient collateral, so you may need to look to others, such as family members or friends, for collateral to secure the bond if you lack sufficient property yourself. In addition, some bail bond agents offer payment plans, based on your creditworthiness.

How Is a Bail Bond Agent Compensated?

The bail bond agent is entitled to the entire fee (10-15%) you pay to obtain the bail bond, and that fee is not refundable. Additionally, if you skip out on your bail and the bond agent is unable to recover the bail paid on your behalf, you will owe the full amount of the bail to the bond agent because the court will not refund the bail. The bond agent can take legal action to repossess any collateral you or anyone else has pledged to secure the bond.

It’s also important to understand that, if you fail to appear for a scheduled court date, you’ll be in contempt of court and a warrant will be issued for your arrest. If, on the other hand, you come to all scheduled court proceedings and the full amount of bail is returned to the bond agent, you will have fulfilled your contract, and any liens on your property will be released.