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What are Bail Bonds?

Bail is a financial guarantee that a defendant will show up in court to stand trial for a crime that he or she is accused of committing. When a person is arrested as a suspect in a crime, the person is booked and put into jail to await trial. Often, that person may be allowed to post a bail bond, which assures that they will return to court

In certain situations, however, such as when a person has a criminal history, is accused of a violent crime, or is considered to be a flight risk, a judge may not grant bail.

If a judge does grant bail, the amount of the bail will vary based on a variety of circumstances. There are two ways to pay bail. 1) A person may either pay the full amount of the bail; 2) buy a bail bond. A bail bond is like a check held in reserve: It represents a promise that the defendant will appear in court when they are supposed to. The bail bond agency will supply the bail for the defendant to be released.

Posting a bail bond involves a contract between the individual posting the bond and the bail agent. Before a defendant is released from jail, usually a family member or friend contacts a bail agent to arrange for a bail to be posted. The defendant is charged a fee that is a percentage of the bail amount for this service. The court is then guaranteed by the bail agent that the defendant will show up in court whenever required by the judge.

Normally, a member of the defendant’s family or a close friend will cosign in order to post bail. Before a bail bond is posted, either the defendant or a co-signer guarantees that they will pay the entire amount of the bail if the defendant misses a court appearance

The defendant pays a bail bondsman to post a bond with the court, and the court keeps the bond in case the defendant doesn’t show up. A person can usually buy a bail bond for about 10% of the total amount of the bail authorized by the judge. This 10% premium is paid to the bail bondsman and is non-refundable.

It might be necessary to require collateral for a person being bailed from jail. Often, however, a person may be bailed from jail using the signature of a family member or a friend. Normally, a cosigner needs to own a home and have a record of steady employment.

If the defendant misses a court date or “skips”, the cosigner is responsible for the full amount of the bail . The cosigner is also responsible for all expenses incurred by the bail agent if it becomes necessary to search for and/or arrest the defendant

There are five basic Release Options:

1. Own Recognizance

A detainee may be released on their Own Recognizance (OR). This is the detainees written promise to appear in court. Usually court administrators or judges interview individuals in custody and make recommendations to the court regarding release on OR (i .e. without any financial security to insure the appearance) . This does not involve posting any money or bond.

2. Cash Bond

Cash Bond requires an individual to post the total amount of the bail in cash. The court holds this money until the case is concluded. Full cash bonds provide a powerful incentive for defendants to appear at trial. If the defendant does not appear as instructed, the cash bond is forfeited and a bench warrant is issued. If the defendant shows up for his/her scheduled court appearances, the cash is returned to him/her. In this case, the defendant may be his or her own guarantor

3. Surety Bond

The posting of a surety bond is an alternative to cash bail. This involves a contractual undertaking guaranteed by an insurance company having adequate assets to satisfy the face value of the bond. The bail agent guarantees to the court that they will pay the forfeited bond if a defendant fails to appear for their scheduled court appearances. In turn, the Bond Agency charges a premium for this service and usually requires collateral from a guarantor. The bail agent then posts a bond for the amount of the bail, to guarantee the arrestee’s return to court.

4. Property Bond

In rare cases and in certain jurisdictions, an individual may obtain release from custody by means of posting a Property Bond with the court. The court records a lien (or right) on the property to secure the bail amount. If the defendant fails to appear at a scheduled court date, the court may institute foreclosure proceedings against the property. Often, the equity of the property must be twice the amount of the bail set.

5. Citation Release (Cite Out)

This procedure involves the issuance of a citation by the arresting officer to the arrestee, informing the arrestee that he or she must appear at an appointed court date. Cite Outs usually occur immediately after an individual is arrested and no financial security is taken.