How Bail Works
The Bail Bonding Process - How Bail Bonds Works
Depositing a bail bond for the release of an arrestee involves a contractual undertaking guaranteed by a surety insurance company, through a bail agency and the indemnitor (usually a relative or close friend). The bail bond is a financial guarantee (of the total bail amount) to the court that the defendant will appear in court each and every time the court orders.
For this service, the bail agent charges a “Premium” for the service (typically 10% of the full bail amount). In addition, the bail agency may require physical collateral, the signing of a bail bond agreement (contract), or both, depending on the individual circumstances. Often times a defendant can be bailed out of jail with only the signature of a responsible indemnitor.
After an agreement is reached between the bail agent and the indemnitor, and all fees are paid, the bail agent physically deposits a bail bond for the full bail amount with the jail or court. The defendant is released on bail and given a time, date and court location to appear.
If the defendant fails to appear in court, the indemnitor is responsible for paying the full amount of the bail. If the defendant is located and arrested by the bail agent within the statutory permitted time, the indemnitor is responsible for all expenses incurred while looking for the defendant. If not returned to custody within that time period, the entire amount of the bail must be paid to the court.
Note: It is very important the indemnitor feels confident the defendant will appear in all of his/her court appearances or being responsible for a bail bond is not recommended.
Like most businesses, some bail agencies are owned and operated by honest, hard-working, reputable professionals. Others are not. Please protect yourself and your family by following these few simple consumer tips:
- Be sure you only contract with a licensed bail agent. Ask to see the bail agent’s license and identification prior to any bail transaction.
- Be sure the bail agent charges you only legal rates. The standard premium charged for a bail bond in most cases is 10% of the full bail amount. There are some occasions where a prefwerred rate of 8% or a high rish premium of 15% may be charged. Any additional charges should be itemized and explained to your satisfaction. Be sure you are given receipts for all charges.
- Be sure you are given copies of all signed contracts and agreements.
If you are concerned about working with a particular bail agency, do not enter into a bail bond agreement with them. There are plenty of qualified bail professionals available to assist you. We hope you choose us for all of your bail bond needs.