Bail bonds help reunite families during times of hardship. When a loved one is arrested for a suspected crime they have the opportunity to be released on bail. By depositing a large amount of money set by the courts the detainee is guaranteeing that they will return for their trial. If the suspected criminal appears at all of the required court hearings, the money will be returned whether they are innocent or guilty.
Although it’s a straightforward and simple concept, bail bonds come with certain restrictions. Many times the bail cannot be paid directly by the detainee because of the shear amount. Depending on the crime, bail can range from ten to twenty thousand dollars or more. To cover the bail amount many people use the services of a bail bondsman that will post bail for a fee.
While obtaining a bail bond for a friend or family member a substantial fee must be paid to a bail bondsman for their services. The detainee or indemnitor must supply enough collateral to cover the total value of a bail bond. Also, the suspected criminal cannot leave the state and he or she must be present at all required court dates.
If these criteria are met, the defendant is free to go home and everyone lives happily ever after.
Bail Bond Process
When a person suspected of committing a crime is arrested by a law enforcement agent they will be taken to jail. The suspected criminal is also known as the detainee in the bail bond process. Once the detainee is booked they must wait in jail for their court date unless they can post bail.
Bail is a financial guarantee that the defendant will appear in court after being released from jail. Family or friends of the detainee are usually involved in the bail process. The bail bond process is very quick. Depending on the agent and circumstances, bail can be posted within a few hours.
Bail Bonds range from $5,000 to over $1 million depending on the criminal offense and location of the jail. In some cases no bail will be offered. Typically on 10 to 15 percent of the bond amount must be supplied by the indemnitor. Most bail bond agents accept cash, credit card, check and many offer financing plans.
There is a minimal amount of paperwork required to secure a bail bond. In fact, today most of the process can be handled on the phone, via email or with a fax machine. Technology has greatly simplified the process. Family and friends can post bail for their loved ones from almost anywhere.
When working with a bail bond agent they will need to know some basic information about the detainee:
- Full Name
- Date of Birth
- Location they are being held
- Booking Number
- Charge
- Personal History and Background
Required paperwork to complete the bail bond process:
- Bail Bond Application
- Bail Indemnity Agreement
- Receipt
People Involved
There are multiple people required in the bail bond process. Usually there are four parties involved, if not more.
Of course the situation begins with the suspected criminal and a law enforcement agent after an arrest has been made. Help is typically required from an indemnitor (friend or family member of the detainee) to secure a bail bond on behalf of the suspected criminal. A 3rd party bail bondsman will complete the transaction by delivering a bond to the law enforcement agent to cover the bail amount.
Understanding the responsibilities involved in the process can be an eye opening experience.
Detainee (Suspected Criminal)
A detainee is taken into custody by a law enforcement agent for a suspected crime. They are innocent until proven guilty. But until appearing in court they will be held in jail unless they can post bail.
A suspected criminal may prefer to post bail rather than wait in jail for many reasons. Detainees can take advantage of bail to be with thier families before appearing in court. They may also consult with a lawyer about the alleged charges. Having time away from jail may give a suspected criminal time to organize their defence and present their case.
Whatever the reason, it is a constitutional right to have the opportunity to be released on a reasonable amount of bail. The eighth amendment of the United States Constitution declares that: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” However, in some cases bail may be denied depending on the seriousness of the crime.
Indemnitor
Usually the person who arranges a bail bond is a family member or friend of the person in jail. They are known as the indemnitor in the bail bond process. The indemnitor is agreeing to compensate the bail bondsman for the entire amount of the bail bond if the defendant does not show up in court. Depending on the seriousness of the crime bail can be $10,000 or more.
By bailing someone out of jail you are putting your financial assets at risk. This requires you to assume responsibility to the bail bondsman and the court for the actions of the detainee after they are released.
Bail Bondsman
Bail bond agents usually have an agreement with the local officials to pay the courts if the detainee does not appear in court. Having an established agreements with the courts greatly improves the efficiency of the bail process. Due to this relationship bail bondsmen do not need to deposit cash every time someone is bailed out.
After posting bail for a detainee the bail agency becomes responsible for the appearance of the suspect in court on the day of their trial.
In general, bail bond agents must be licensed in each state they offer services. The bail bond industry has grown to become a highly competitive market. To keep up with increased demand, the professionalism of bail bond agents has improved dramatically and regulation has improved. Unfortunately the industry still suffers from many of the original stereotypes and perceptions attached to bail bondsmen.
Law Enforcement Agents
Various law enforcement agents are involved in capturing and detaining the suspected criminal. They will also work with the bail bond agent for the release of the detainee.
Upon the release of the suspected criminal on bail, they become the responsibility of the indemnitor and not of law enforcement agents.
Court
Bail bonds are used to guarantee the appearance of the suspected criminal in court. During a trial, the defendant will receive the right of due process and have the opportunity to defend themselves.
If the defendant appears at all of the required hearings the courts will return the total amount of the bail bond to the agency at the end of the trial. The courts will not take any portion of the bond as a fee. Courts have an established relationship with many bail bondsmen in their area. This allows them to efficiently process bail bonds without money directly exchanging hands every time bail is posted.
Bounty Hunters
If for some reason the defendant does not show up for their court dates as promised, this story will have a much different ending. A Bounty Hunter will be hired to track down and return the suspected criminal to law enforcement agents.
Yes, Bounty Hunters are real. The United States in one of the last countries in the world where bounty hunting is legal. In some states such as North Carolina it is illegal to contract a bounty hunter and a bail bondsman must apprehend the detainee personally.
Cost of Bail Bonds
For those unfamiliar with how bail bonds work, the process is actually very expensive. There are costs and fees involved that can grow to several thousand dollars. If the detainee fails to appear in court the costs to the indemnitor can extend to ten thousand or even over one hundred thousand dollars.
Bail bond agencies will collect a fee for their services and this must be paid upfront. There are additional fees that may arise to complete the bail process. Each bail bond must be secured with collateral and should be taken into account in the event that the bond is forfeited. Although collateral is not collected until something goes wrong, an indemnitor must carefully weigh the financial risk involved.
Bail Bond Fee
The cost of a bail bond ranges between 10 and 15 percent of the bail amount. This payment is made to the bail bond agency to cover the expenses of arranging bail. For example, if a person is released from jail on $20,000 bail the bail bondsman will be paid $2,000 by the indemnitor. Unfortunately this is non-refundable. Often times financing is available from well established bond agencies.
In the event this happens the total amount of the bond will be collected from the indemnitor using the original collateral given. Any expenses that were incurred by the bail bondsman or the contracted bounty hunter will also be charged to the indemnitor.
Bail Bondsmen will charge 10 percent of the bail as a fee for their service. This is a non-refundable payment made to the bail bondsman. Many Bail Bond Agents offer payment options and financing.
A portion of the bail bond must be paid by the indemnitor and proof of collateral (usually a house) must be supplied before bail will be issued.
Collateral
Collateral is defined as something that is pledged as security for repayment of a loan. In this case, the loan is the total amount of bail.
Proof of collateral must be provided to cover the entire balance of the bail bond. The most common form of collateral used is a home. Depending on the amount of bail, an expensive car may also be used as collateral.
In the event the detainee does not show up to all required court appearances, the posted bail will be forfeited. At this point the bail bond agent can seize the collateral to collect the total amount owed in addition to any extra fees. When a house is used as collateral the bond agent can take a mortgage against the house for the full amount of the bond. The agent also has the right to take the indemnitor to court to collect the remaining balance of the bond if the collateral provided was not substantial enough.
If the indemnitor does not have enough collateral then no bail bond will be issued.
Additional Fees
In addition to the bail bondsman’s fee, they can also charge the indemnitor for phone calls, gas, mileage and other costs associated with apprehending the suspected criminal. If a detainee fails to appear in court they become the responsibility of the indemnitor and the bail bondsman. Many agencies will hire a bounty hunter to find the suspected criminal in order to get the forfeited bail back. The costs of hiring a bounty hunter, travel expenses, gas and other items will be charged to the indemnitor.
Bail Bonds Overview
Bail bonds offer benefits for all parties involved. This includes freedom for the detainee and a financial guarantee that the suspect will appear in court. Local bail bondsman offer their services usually around the clock and are able to secure large bonds during hours when banks and insurance companies are normally closed. The fact that they can post a bond within a matter of hours is extremely valuable to family and friends of the detainee.
Overall the process of securing bail bonds is simple and quick. There are however great responsibilities that must be understood by the indemnitor before entering into the process. A simple favor can turn into a big financial problem. For anyone considering obtaining bail bonds on behalf of a friend or family member take the time to make sure everyone understands their responsibilities clearly.