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How Bail Bonds Work

Find Out How Bail Bonds Work

The purpose of bail is to ensure that the arrested person does not disappear or escape once released from temporary prison pending the determination of his case. This explains why in several jurisdictions it is referred to as a surety amount or surety bond. Several organizations exist that are willing to fund the bail in return for payment with interest.

bail-button-flatThe process begins when the person gets into trouble with the law and is arrested. He or she can be allowed to contact a bails bond company. Usually it is an external party, a friend, a relative or attorney that will contact the bail bonds company on phone or in person. During the conversation, the bail bonds agent will collect information assessing the situation in which the defendant was arrested. The company has to assess the degree of risk involved in financing the arrested person. In light of this, the bail bondsman has to know the job and income generating occupation of the arrested and guarantors, how long they have been in detention, the charges imposed, the current residence and the history of either breaking similar laws or different laws.

After the assessment, the bail bondsman will outline his terms and conditions and the extent to which he is willing to fund the bail whether in full or a percentage. If the customer agrees to the terms and conditions, he will sign the bail bond application, the bail bond document, bail indemnity agreement and the receipt. Most companies are able to process the bail bond by e-mail or fax and dispatch in a few minutes to the licensed bail agents for the customer.

After finalization of the paperwork, the bail bond is posted to the appropriate detention facility or jail so that the defendant can be released. Nevertheless, no bail bondsman will process or send bail bond before arrest and booking procedures are complete. Specific courts could also have bail bond agents.

So how do bail bond agents make profit? Usually, the bail bondsman will charge a fee that is 10% of the bail and this is mandated by law. Any company that charges more is exploiting the defendant while those who charge less could be soliciting for more clients. The percentage fee varies from agent to agent. In addition, when the judicial system refunds the bail, the company will retain a percentage towards its profits.

By involving friends, guarantors, family and taking collaterals, the bail bondsman will reasonably be assured that the individual when released will appear for court dates. The bail bond agents sometimes have the responsibility to supervise the defendants. The court could mandate the bail bonds company to ensure that the defendant appears for court proceedings. Because of this, the terms ands conditions that a bail bonds agent could present may be very strict and any customer should read the indemnitor responsibility keenly before signing the deal. The guarantor and family members should specifically be keen before signing the forms because if the defendant skips bail they could be held responsible.

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