How Bail Bonds Work

Bail bonds are a contract between the accused and a bail bond agent in the event that a person’s own finances cannot allow him to be released from jail custody. Each crime or felony committed by a person in a particular country is usually given a reasonable bail amount unless the charges are grave. More often than not, a bail posted for a person under trial is significantly high. This is why bail bonds will prove to be helpful for a person to get out of jail custodianship while on trial.

All About Bail

Bail is money or property deposited to a court in order for the accused person to be released from jail. Depending on the crime committed by the person, bail may or may not be posted by the court. Bail acts much like a promissory note that are pledged to a courtroom for a suspect to be temporarily released with the promise that he will return to all the court proceedings until acquitted or found guilty. There are times when bail money paid is returned after the trial has been completed provided that the accused adhered to attending all of the court hearings.

There are several forms of bail in the United States. Some common ones are the following:

• Cash Bond – this is the most common of all bail forms wherein the only bail form the court will accept is cash. This is usually given to suspects who have a risk of leaving the country or when the accused has failed to attend a court hearing. Should the suspect not attend the hearing, the bond may be declared forfeited by the court and may be issued a bench warrant.
• Recognizance – this bail form is set forth by the judge during the pre-trial with the condition that the accused will attend all court sessions. But compared to cash bonds, the amount is not paid until the court forfeits it. This is also called an unsecured bond.
• Property Bond – if ever the accused is not financially liquid, the court may, at its prerogative, accept the property of the person as bail which should be twice value or worth of the bail set by the judge.
• Citation Release – this happens when the arresting officer issues a citation to the accused wherein he or she is required to appear on a particular date. This particular bail has no financial security required by the court.
• Surety Bond or Bail Bond – this is when a third party agency or company settles the bail money required by the court of the accused. The bail bond agent shall act as guarantor to the courthouse should the accused do not appear in court. In turn, the company shall require a guarantee or collateral from the person needing their services to ensure that he will appear in court as promised.

The Need for Bail Bond Agencies

A bail bond agent will be able to help a person post for bail when tried in court. One can enter into a contract with and a bail bondsman can help them post bail bonds in court. The bail bondsman will be paying the court the entire bail amount of a particular person. In return, the accused is charged a fee.

In the USA, most bail bonds are available for consumption all day, every day. Each state has its own rules and provisions regarding bail bond and fees also depend on the crime and the state that has jurisdiction over a case. More often than not, fees for bail bonds are 10% of the bail amount.

When the agreement between the accused and the bail bondsman has put into effect, the bail bondsman will now be responsible to post bail for the person. Compared to directly paying bond to court, bail bonds coursed through a bail bondsman cannot be refunded. Some bail bond agents may require collateral from the defendant for security purposes should the accused goes into hiding. This collateral will help the bail bond agent recover funds if ever the accused doesn’t pay the bail bond as promised. Should the accused tries to skip paying the bail bondsman, he can utilize the services of bounty hunters or enforcement agents to hunt down the accused and make them appear in trial.

Bail Bond Process

The process of bail bonds is not as easy as it seems. The bail bondsman should have established credibility in the state court to be able to be accepted in cases. A lot of negotiation and transfer of information are done within the compounds of the bail bondsman and the accused. An interview will be done by the bail bond agent so he is assured that his client will pay. Some of the issues tackled by the bail bondsman to post bail bonds are the following:

1. A referral from a family member, friend or former client would have edge to the bail bondsman or agent over those who just found them through marketing efforts. Since we are talking of hefty amounts of money when it comes to bail bonds, the bail bondsman would want to ensure his investment won’t have any potential risk of being unpaid. New clients may require a co-signer in the agreement to ensure that there is another person who will be responsible to pay should the accused flees.
2. The accused seeking bail bonds should be transparent to the bail bondsman regarding the case on why he was arrested. Preceding events will help the bail bondsman determine if he should agree on giving the accused a bail bond.
3. The bail bondsman would have to finalize repayment arrangements with his potential client. What mode of payment that will be used by the defendant a big consideration on the part of the bail bond agent. A look at the person’s credit history and a basic background investigation may be done to look for risks in terms of payment.

Looking for a bail bondsman or bail agent should be easy in case you need bail bonds. Just approach the city state services for information for a credible bail agency or research online to ensure reliability on the bail bond agent you will acquire.