Getting incarcerated is no pleasant feat. It involves a lot of time, patience, and some money. You may have heard of terms like “bail” and “bond” but many people don’t know what they truly mean.
Even fewer people know what a bail bondsman does. This guide will give you more insight into bail bonds and the duties of a bondsman.
What is a bail bond?
A bail bond is like a promissory note between the courts and a defendant. “Bail” and “bond” mean the same thing. When someone gets arrested, the courts schedule a bond hearing to determine if the detainee can be released.
The hearing is largely dependent on the charges (misdemeanor or felony) and the detainee’s criminal history. First-time offenders and those with misdemeanor charges are more likely to be granted bail.
Detainees with a “Failure to Appear” on their record most likely won’t be granted bail.
At the hearing, a lawyer or a bondsman petition the judge to grant bail by promising that the defendant will show up for court and other court-related activities.
What Does A Bondsman Do?
Bondsman act as the liaison between the courts and the defendant. After the bail amount is set, the bondsman speaks to the defendant to secure at least 10% of the amount. Amistad Bail Bonds has a blog post that lists some alternative ways to get the money for bail bonds.
In some states, like Texas, the bondsman can charge up to 20% of the bail. The bond fee is nonrefundable, even if the charges get thrown out, the bondsman keeps it.
The bond fee is a cash payment of 10% and sometimes, a security such as the deed for a house. All of the collateral gives the defendant more incentive to show up for court.
The bondsman works out an agreement with the judge, but ultimately, you are responsible for appearing in court. If you don’t, the bondsman can send a bounty hunter to find you. The bondsman can also sue you or your family for the bail money.
Tips for Securing a Bail Bond
The first tip, and probably most important, is understanding your friend’s criminal charges and history. You should know what the charges are and what type of offender your friend is.
If your friend is on probation, their probation officer may decide not to bring them to court.
Usually, this happens after the first probationary offense.
After the arrest, the police file a motion for probation revocation. A hearing is set to determine if the defendant can receive bail. Remember, bail isn’t a guarantee so the defendant may get denied.
The second tip is to have money saved to pay the cash portion of the bail. Bondsmen charge 10-20% of the total bail amount. For example, if bail is set at $50,000 you pay at least $500.
Cash is mandatory. If you have trouble getting cash, you should try crowdfunding online or borrowing money from a family member.
You will also need some assets to secure bail. Usually, bondsmen may require you to sign over some property. However, they try their best to work with you. They can help you set up a payment plan if it’s more convenient for you.
Hire A Lawyer
Hiring a lawyer is the best way to deal with a court case. The lawyer will explain the court process to you and help you and your loved ones navigate the bond process.
Please visit our website to learn more about our attorneys.