How Do Bail Bonds Work?
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.
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
The court system will set the amount of bail required for the defendant’s release. Under state law, a surety company can provide a type of insurance policy or "bond" that guarantees payment of the full bail amount to the court if the defendant does not show up for all scheduled appearances.
These bonds are offered by licensed bail bond agencies. For supplying these bonds, bail agencies charge a premium – a percentage of the total bond amount, typically 10%. By way of example, for a bond amount set at $50,000, the premium would be about $5,000 plus any additional fees required by the state.
The bail agency must charge the premium rate it has filed with the Department of Banking and Insurance.
Someone is arrested and let’s say their Santa Clarita Bail Bonds is set at $100,000. Bail bonds companies charge an industry standard 10% fee that is regulated by the Department of Insurance. Be careful of any bail bondsman advertising a 5% bail. It is illegal in the State of California to advertise this. Most times, this advertisement ends up in a "bait and switch". Bail Bondsman advertising the 5% bail can loose their license.
The fee for a $100,000 bail bond is 10% and would be $10,000. That fee is the bail bond premium paid to the bail bondsman. This fee covers all the costs and services for bailing your loved one out of jail. You do not get the $10,000 back. That is the cost to get someone out of jail and has nothing to do with whether or not the person is guilty or innocent.
The main purpose of bail is to allow the defendant, who hasn’t been proven guilty yet, to be free from jail while their case is ongoing so that they can continue to work, lead their normal life, and prepare their case without being in jail.
Depending on the charge, bail amount, and credit worthiness of the defendant and the indemitor, it may or may not be necessary for the bail bondsman to collect collateral.
Collateral is a physical guarantee that the person will appear in court. Collateral may include but is not limited to credit cards, cash, or a deed of trust. After the defendant has appeared at all of their court dates and the premium has been paid in full, the collateral will be returned to the person that deposited it. The purpose of collateral is to give the bail bond company added security in the event the defendant fails to appear and the indemnitor refuses to pay the full bail amount. In the event that the defendant flees and the indemnitor fails to pay, the collateral will be used to pay the court.
| Bail Bonds agents perform a number of services for their clients, to ensure they can be released from custody after being charged with a criminal offense. When a bail bond agent decides to work with a defendant, he or she will in essence take on the responsibility to ensure the defendant shows up to his or her court appearances. Either through a surety bond, a standard bail bond, immigration bond, federal bond or property bond, a bail bondsman can help you get out of custody and go home where you can spend time with your family and friends.
A bail agent has a number of services which he or she provides for the client, including: |
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