How Do Bail Bonds Work
Published Oct 17, 2021
Have you heard in the news that someone has been released on a bond? Indeed, you have, but what does this actually mean? What exactly is bail? What distinguishes it from a bail bond? And how does bail bond work?
When someone is arrested for a crime, they are held in jail until their court date or until the judge decides to release them on their own recognizance or bail.
What Exactly Is Bail?
Bail is a predetermined sum of money that serves as an insurance policy between the court and the person arrested (the defendant). While defendants have the option of paying their bond in cash, many are unable to do so.
Due to the fact that bond is frequently set at a high price, the majority of defendants are financially unable to post bail on their own. They seek assistance from a bail agent, also known as a Bail Bondsman, who posts a Bail Bond on their behalf.
What Is The Purpose of a Bail Bond?
A Bail Bond is a sort of surety bond issued by a surety bond business through a bail agent or Bail Bondsman to ensure a defendant’s release from jail. Bail Bonds are classified into two types:
Criminal Bail Bond: Used in criminal situations, it assures that a defendant will appear for trial when summoned by the court and that the defendant will pay any fines or penalties imposed against him.
Civil Bail Bond: used in civil trials to guarantee the defendant’s payment of the obligation, plus interest and charges.
How Do Bail Bonds Work?
A judge establishes the bail amount. If the defendant cannot pay the bail sum on their own, they may seek assistance from a Bail Bondsman.
A defendant is often needed to pay a bail bondsman 10% of the bail amount to post a bail bond.
After that, the bail bondsman will secure the remainder of the bail sum through collateral. If the defendant lacks sufficient collateral, the Bond Bondsman may seek assistance from relatives and friends to finance the bail.
Often, an additional monetary payment in addition to the full collateral is necessary to post a Bail Bond.
What happens next is contingent upon the defendant’s appearance in court upon his release.
If the defendant appears in court, the Bond Bond is forfeited, and the court seeks payment of the remaining 90% of the bail. The Bail Bondsman will pay the court the remaining bail sum using the defendant’s collateral (home, jewelry, securities, etc.).
If the defendant fails to appear in court, the Bail Bond is dissolved, and the collateral is returned to the person who deposited it. Bail bondsman retains 10% of the cash fee as profit.
Example of a Bail Bond
So, how does bail bond work? For instance, John is apprehended. John’s bail was set at $10,000 by the court. John wishes to be released from jail but lacks the $10,000 required in cash, so he seeks assistance from a bail bondsman to post a Bail Bond on his behalf.
The bondsman will charge John $1,000 to post a Bail Bond, which will release him from jail.
The bondsman obtains security from John and/or John’s relatives for the remaining $9,000 of bail. Collateral can take the form of a car, a house, or jewelry, among other things.
As long as John shows at all required court appearances, the Bail Bondsman will not need further funds, and the Bail Bond will be dissolved at the conclusion of John’s case. Thus, John’s would receive his $9,000 in collateral back, but not the $1,000; the bondsman would keep the $1,000 as profit.
However, if John fails to appear in court, the bondsman will be required to pay the remaining $9,000 in bail. The bondsman would accomplish this by utilizing John’s collateral.
If John paid the $10,000 in cash, he would be entitled to a return regardless of the case’s outcome.
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About The Author
As a professional writer at many renowned websites Krizzia Paolyn has covered a wide range of topics in many industries. Her knack for uncovering important truths and conducting thorough research on each topic she writes about has helped thousands of people across the world.