How Do Bail Bonds Work?

Q. What does a bail agent do? A. When someone is arrested, an indeminitor (usually a family member of friend) will use the services of a bail agent to obtain release of the defendant. The bail agent will usually ask for 10 percent of the full bail amount as security to obtain the release. For example, if the bail is $5,000, the premium (the amount paid to the bondsman) will be $500. In addition, the indeminitor may be asked to provide proof that they are able to pay the entire bail amount if the defendant "skips bail" (fails to make all the required court appearances, not just the arraignment) The bail agent is, in effect, lending the indeminitor $5,000 for a fee of $500, There generally is no refund with the services of a bail agent are used. Q. What is bail? A. Bail is money deposited with a bail bond agent or the court to get an arrested person temporarily released from custody. It serves as a surety (guarantee) that the arrested person will make all of his or her required court app ... more

While this article describes a criminal case, Toledo, Ohio personal injury attorney Dale Emch also handles personal injury, workers' compensation and dog bite injury cases. Attorney Emch describes the bail bond process in his most recent "Legal Briefs" column in the Toledo Blade. Dear Dale: A relative of mine is facing criminal charges. The judge has set a bond of $50,000 and said something about "no 10 percent allowed." Does this mean my relative has to pay the entire $50,000 in order to get out of jail before his trial, or does he have other options? ANSWER: Your relative has some options, but exercising them won't be cheap. To understand the situation, it might be helpful for you to have a little background about bail and how it works. Judges set bail in order to give someone a financial incentive to come to trial and the preliminary court proceedings. If the defendant doesn't show up, the person can lose the amount of the bond he or she posted in order to be released from jail. In ... more

The bail bond is a contract between the bail agent (bondsman), the courts,and the person posting the bail (co-signer). The bail agent is the person who is responsible for the defendant showing up for all their court appearances. Money is required by the court as an incentive to keep the defendant from fleeing once released. The bail agent gets a portion of the bond as their fee. Notes or other collateral are required to make sure that the bail agent will get paid. The amount of money required for bail is set by the court and is dependant on the severity of the crime as well as how much of a flight risk the defendant is. The bail agent gets a percentage of the bail amount decided by the judge for that particular defendant. The bail agent provides a guarantee to the court that the defendant will appear in court when summoned by the judge. The defendant will also have to check in regularly with the bail agent. Bail bonds are granted when a family member or friend contacts the bail agent b ... more

The posting of a bail bond is a contractual undertaking guaranteed by a bail agent and an individual posting bail. This bail agent provides a guarantee to the court that the defendant will appear in court each and every time he or she is summoned by the judge. A relative or a family friend contacts the bail agent, before the defendant is released, to arrange for the posting of a bail. The bail agent gets a percentage of the amount decided by the judge for that particular defendant. By signing the agreement with the bail agent regarding posting the bail, the defendant or the co-signer, who might be a relative or a family friend, must provide a guarantee that the bail amount will definitely be paid in full if the defendant fails to appear at the summons. After an agreement is signed, the bail agent posts a bond for the amount of the bail, to guarantee the defendants return to court. Some bail agents prefer to have the defendant or the co-signer arrange for a collateral. ... more