When an individual gets arrested, one of the first things that often come to their mind is — how do bail bonds work? It is always helpful to know the process of bail bonds so that a stressful moment can become easier to deal with. In this guide, we are going to discuss what bail bonds are, how they operate, and what you need to know before availing one.
What Is Bail?
Bail is a money guarantee that permits a person who has been arrested to be let out of jail until their court appearance. Rather than remaining incarcerated, the individual (or their relatives) will pay a fixed sum of money to the court. This sum guarantees the individual will show up for all necessary court appearances.
Not everyone has the money to pay the entire bail sum at once — this is where bail bonds are used. A bail bond is a contract between the court, defendant, and bail bondsman (or bail agent). The bail bondsman promises to pay the entire bail sum if the defendant does not appear in court.
As a payment for this service, the family (or the defendant) remits to the bail bondsman a non-returnable fee, which is typically 10% of the bail sum.
How Do a Bail Bonds Work Step by Step?
Let’s demystify the process so you know exactly how do a bail bonds work step by step:
Arrest and Booking:
Once an arrest has been made, the individual is taken to jail and booked. The court determines a bail amount depending on charges and other criteria.
Contacting a Bail Bondsman:
If the defendant or the family cannot pay the entire bail, they reach out to a licensed bail bonds agent.
Signing the Agreement:
The bail bondsman outlines the conditions and charges a percentage of the bail as a fee. Collateral (such as a car, property, or jewelry) might also be requested as security.
Release from Jail:
Once the contract is signed, the court is paid by the bail bondsman, and the defendant is released from jail.
Attending Court Hearings:
The defendant will show up to court as required. In case they don’t, the bail bondsman gets to use the collateral or employ a bounty hunter to pick them up.
Case Conclusion:
When the case is finished, the bail bond is eliminated, and the collateral is returned (except for the upfront fee).
Why Do People Use Bail Bonds?
There are a number of reasons why people use bail bonds rather than posting the full amount themselves:
Cost-effective option: It is only a fraction of the total bail that has to be paid.
Release in a rush: Bail bondsmen are available 24/7 and can assist in securing release in a hurry.
Options to pay easily: Payment plans are available in most agencies for ease.
What If You Jump Bail?
If the defendant fails to appear in court, there are serious repercussions:
The arrest warrant is issued by the court.
The bail gets forfeited, and the bondsman can lose out.
The bondsman can use collateral or hire a bounty hunter to find the defendant.
So it’s always in your best interest to attend every court date.
Final Thoughts
Now that you know how do a bail bonds work, you can make intelligent decisions in case you or one of your loved ones is ever arrested. Bail bonds are a legal, effective means to get back on the street until trial, but be sure to read the contract carefully and deal with a licensed, reputable bail agent.