What Does a Bail Bondsman Do?
Published December 30, 2023
A bail bond is an accord by a criminal defendant to attend trial or to reimburse a sum of money set by the court. A bail bondsman co-signs the bail bond. It is who charges the defendant a fee in return for guaranteeing the payment.
The services of a bail bond agent might be helpful to secure one’s release from jail. But what exactly does a bondsman do? There have been films and television shows portraying the role. Yet, their basis in reality is up for debate.
In this article, we’ll discuss everything you need to know about a bail bond agent. We’ll define it, how the profession works, how they make money, and more. Let’s get started.
What Is a Bail Bondsman?
A bail bondsman, agent, or dealer is any person, agency, or corporation that will be portrayed as a surety. They pledge money or property as bail for a defendant’s appearance in court.
Bail bondsmen are almost exclusively found in the United States. The practice of bail bonding is unlawful in most other countries.
How Does a Bail Bondsman Work?
A bail bondsman provides a service that enables defendants to be released from jail. It is done in exchange for a fee. Here’s how the process typically works:
1. Arrest and bail hearing
After a person is arrested, they appear before a judge. It is for a bail hearing. The judge imposed the bail amount. It is the money the defendant must pay to be released from jail until the court date.
2. Contacting a bail bondsman
Suppose the defendant or their family cannot afford to pay the entire bail amount. They may reach out to a bail bondsman. The bail bondsman will agree to post bail on behalf of the defendant. It is done in exchange for a fee. It is normally 10-15% of the total bail amount.
3. Signing a contract
The defendant or a co-signer signs a contract with the bail bondsman. The agreement outlines the responsibilities and obligations of all parties involved. In some scenarios, collateral is demanded. It is done to secure the bond.
4. Posting bail
The bail bondsman posts bail for the defendant, who is then released from jail. Yet, the defendant is still legally obliged to attend all court days. In addition, they must comply with any conditions set by the court.
5. Court appearance and completion of the case
Suppose the defendant attends all court dates and complies with all conditions. The bail is rebounded to the bail bondsman at the end of the case. The bondsman retains the fee. It serves as profit.
6. Failure to appear in court
Suppose the defendant declines to appear in court. The bail bondsman may recruit a bounty hunter. It is done to locate and apprehend the defendant. If the defendant cannot be located, they will help with any collateral provided as part of the contract.
How Does a Bail Bondsman Make Money
A bail bondsman primarily makes money by charging a fee for their services. It is typically a percentage of the total bail amount. It is usually non-refundable. The most common rate is around 10 percent. But, it can differ as per local and state laws.
Here are the key ways a bail bondsman makes money:
1. Fees for service
It is the primary source of income for bail bondsmen. When clients cannot afford to pay the total amount of bail set by the court, they hire a bail bondsman. They will post bail on their behalf.
The bondsman charges a non-refundable fee. It is usually around 10% of the total pay amount. The payment is kept whether the case is dismissed and the charges are dropped. Also, if the person is found innocent or guilty.
2. Collateral
If the defendant fails to comply in court, the bail bond agent may keep any collateral provided. It is part of the contract. This could be property, vehicles, jewelry, or other valuable items.
3. Bounty hunting
If a defendant skips the court date, the bail bondsman has the right to hire a bounty hunter. It is done to locate and apprehend the defendant.
Disadvantage of the Bail Bond System
The bail bond system has become accountable for the more significant debate over mass incarceration. It holds true, especially for young Black men in the U.S.
Many, even in the legal profession, acknowledge the bail bond system as discriminatory. It is due to it demanding low-income defendants to stay in jail. Or, accumulate a 10% cash fee and the rest of the bail in collateral. It is even before they stand trial for any crime.
According to a report by the Prison Policy Initiative, about 536,000 people are being held in jails in the US. It is because they cannot afford bail. They cannot also attain a bail bondsman service.
Illinois, Kentucky, Oregon, and Wisconsin. These four states have outlawed bail bondsmen. As an alternative, they demand a 10% deposit on the bail amount to be settled with the court. In 2018, California voted to e cash bail requirements for its court system.
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Frequently Asked Questions About Bail Bondsman
1. What can be used as collateral for a bail bond?
Bank accounts, real estate, cars, and vehicles are some of the most commonly accepted collateral. Collateral can be any item of value that you offer in place or in addition to bail money. It is a form of security.
2. Who has the highest bail bond?
The highest bail bond ever set in history was for Robert Durst. He is a wealthy New York real estate heir. His bail was set at an astounding $3 billion. Durst was charged with various offenses throughout his life, including the murder of his long-time friend Susan Berman in 2000. Yet, the $3 billion bail was for the murder of his neighbor, Morris Black, in 2001.
3. Who will recommend the amount of bail?
The judge has the ultimate responsibility for setting bail. They are usually obliged to standard practices. For one, setting bail in the amount of $500 for nonviolent petty misdemeanors.
4. Who is a flight risk?
A flight risk is a person accused or charged with a crime and is considered likely to try to escape. It is particularly out of the country or jurisdiction, before their trial starts. The term is often used in the legal context when determining bail. Also, when ruling other pretrial conditions.
And now you’re fully aware of what a bail bondsman does. It’s definitely an interesting profession. One may argue that they are helpful. Yet, there’s no denying that they can affirm a system of injustice. It is a sense of not having enough financial resources to attain freedom.
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About The Author
I am Tracy Gorman, a seasoned writer with a passion for crafting content on various subjects. I possess the expertise to delve into any niche and deliver exceptional articles.
