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What is bail?
Bail is money paid to the court (either by the defendant or a representative, such as a friend, family member or attorney) to ensure that the defendant released from jail will show up at all required court appearances. Bail is usually paid at arraignment or shortly thereafter. When bail is posted by or for the defendant, the defendant is under legal obligation to appear in court for the trial.
What are bail bonds, and how are bail bond agents involved?
Let's say that a defendant cannot afford to pay the entire bail at the time of arrest. Instead of staying in jail (which would happen if a defendant did not post bail), the defendant can have a bail bond agent (also called a bondsman) post the bail money on their behalf. The defendant or defendant's representative would pay a portion upfront called a "premium" (usually 10-15%), and then provide collateral to guarantee the remainder of the total bail amount. The premium is non-refundable.
Here's an example:
| Item | Amount |
|---|---|
| Full bail amount | $10,000 |
| How much to obtain bail bond (Premium) | $1,000 (10%) to $1,500 (15%), Non-refundable |
| Collateral required to secure bail | $10,000, either in cash or in an acceptable form of collateral |
What is collateral? What are acceptable forms of collateral? And, is it always required?
Collateral is some property that the defendant, or defendant's representative, gives to the bail bond agent's legal control. This collateral is a way of ensuring that the defendant will complete their obligation to the court (that is, showing up to all required court proceedings). In case the defendant doesn't show up for a court proceeding, the bail bond agent may sell the collateral to cover the amount the bail bond agent paid to post the defendant's bail.
Acceptable forms of collateral tend to fall into four basic categories: cash, cars, real estate, and credit. This isn't a complete list; please contact us for more information.
Sometimes, collateral is not required. Your signature may be the only guarantee necessary, especially if you own a home. However, not needing collateral depends on the size of the bond, the type of charge(s) and other factors such as if you have a good job and have good credit.
What happens if a defendant does not post bail (or get a bail bond)?
If bail is not posted, then the defendant is required to stay in jail until the trial is over. This also means that the defendant cannot return to work, and possibly cannot be as involved in preparing their defense for their upcoming trial.
What are the advantages of hiring a bail bond agent versus the defendant posting bail themselves?
- Money immediately required to post bail is less with a bail bond agent.
- If the defendant were to post bail without a bail bond agent, then the defendant would be required to pay 100% of the bail. With a bail bond agent, the money required immediately is 10-15% of the total bail amount. The rest of the bail would be secured by the defendant's collateral.
- There's more privacy in working with a bail bond agent.
- Instead of the defendant providing personal information to various individuals in trying to get money transferred, the defendant (or representative) only has to give the bail bond agent the personal information.
- Bail bond agents save time since they already are familiar with the process.
- Because bail bond agents have filled out the required paperwork many times, they can help ensure all parts of the bail process are completed accurately in a timely fashion.
What if I have more questions?
Please feel free to contact us with your questions! We're available 24 hours a day, 7 days a week. See our home page for location and phone numbers.