Bail bonds date back to 13th century England when property or money was used in exchange to temporarily release someone jail as they were awaiting trial. The process is relatively similar today, only the costs of the bail has risen drastically. The commercial process of bail bonds were designed to help those individuals that were unable to pay bail when they have been accused of a crime.
Bondsmen normally accept a small percentage of the bail that is needed to bail someone out of jail, and they will post the rest in exchange for the release of the person while they are awaiting trial. Bail bondsmen will receive a percentage of the money through insurance as they can provide enough capital to help release people from the system as they await trial.
Bail bonds have changed over the years, but the main goal is the same. However, there are bail bondsmen out there that do use scrupulous tactics to try and earn a higher percentage for posting bail. It all comes down to fairness and making sure that the bail is fair based on the crime that has been charged. Those who are unable to afford bail end up sitting in jail for months, even years as they await a trial date.
What is Bail?
Bail is set by the court as a certain amount of money that is used as insurance between the defendant and the court to say they will pay this sum in cash in order to be released from jail. However, the condition is that the person must follow all legal requirements, such as appearing in court for their court date and adhering to the requirements set forth by the court. Bail is a high amount, which is why most people seek financial assistance from a bail bondsman.
How a Bail Bond Works
A bail bond is a surety bond that is offered through a bail agent or a bail bondsman to secure the release of the accused. There are two types of bail bonds including:
- Criminal bail bond – This is used for criminal cases and is a guarantee the accused will appear for trial when the court sets a date. It also confirms that accused will pay for any penalties and fines that are decided in the case.
- Civil bail bond – a civil bail bond is used for civil cases and is a guarantee of payment of debt along with interest and other fees that have been enacted against the defendant.
The judge will set a bail amount for the defendant. If the defendant cannot pay their bail, they normally seek financial assistance from the bail bondsman. A bail bond normally requires a set amount, say 10%, of the bail amount to be paid by the defendant and then collateral is used to secure the bond.
Once a person has posted bail and they await trial, they need to appear in court, failure to appear leads to serious problems, including:
- Failure to appear in court – the bail bond is forfeited and the court will ask for the remaining 90% of the bail to be paid. If the bail bondsman used collateral (such as a car or home), they are within their legal right to seize the collateral the pay the court the remaining balance.
- Appearing in court as required – the bail bond is dissolved and the collateral will be returned to the person that posted it as long as they appear in court and the case is concluded. Bail bondsmen normally keep 10% cash fee as their profit for posting the bail.
Working with the right bail bondsman is essential to prevent yourself from paying too much, and to be sure you will be able to get out of jail with a bail bond. AAA Bail Bonds focuses on building trustworthy relationships with our clients to ensure they are taken care of, and all parties enter into honest agreements. Contact us today if you need assistance with bail bonds, or you would like to learn more about bail bonds and how the process works.