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What is a Bail Bond
Monetary guarantee that an individual released from jail will be present in
court at the appointed time. If the individual is not present in court at that
time, the monetary value of the bond is forfeited to the court .
court at the appointed time. If the individual is not present in court at that
time, the monetary value of the bond is forfeited to the court .
How Bail Works
Typically within one to two hours after being arrested the
defendant's bail amount will be set. Here's how the bail process
works:
• Bail bond premiums in California are set at 8%
to 10% of the bonds amount for state cases.
• In most cases collateral is not required. Your signature
is all that is needed.
• Once the case is over. That is upon the finding of guilt
or adjudication of the accused, regardless of his / her
guilt or innocence your collateral is returned.
Remember, many of these steps depend on number of other
factors. We commonly work out payment plans or other forms
of financial relief depending on the case. Call one of our
agents today for more information on how we can help you.
Typically within one to two hours after being arrested the
defendant's bail amount will be set. Here's how the bail process
works:
• Bail bond premiums in California are set at 8%
to 10% of the bonds amount for state cases.
• In most cases collateral is not required. Your signature
is all that is needed.
• Once the case is over. That is upon the finding of guilt
or adjudication of the accused, regardless of his / her
guilt or innocence your collateral is returned.
Remember, many of these steps depend on number of other
factors. We commonly work out payment plans or other forms
of financial relief depending on the case. Call one of our
agents today for more information on how we can help you.
Valley Office
(818)203-0846
Los Angeles West
(310)210-1137
Los Angeles East
(323)203-6481
Ventura County
(805)428-7618
Orange County
(866)552-3211
Our local agents are
standing by
Law Encyclopedia: Bail Bond
A written promise signed by a defendant or a surety (one who promises to act in place of another) to pay an
amount fixed by a court should the defendant named in the document fail to appear in court for the designated
criminal proceeding at the date and time specified.
A bail bond is one method used to obtain the release of a defendant awaiting trial upon criminal charges from
the custody of law enforcement officials. The defendant, the defendant's family and friends, or a professional
bail bond agent (or bail agent) executes a document that promises to forfeit the sum of money determined by
the court to be commensurate with the gravity for the alleged offense if the defendant fails to return for the trial
date.
Most defendants are financially unable to post their own bail, so they seek help from a bail agent, who, for a
nonrefundable fee of 10 percent to 20 percent of the amount of the bail, posts bail. A bail agent becomes liable
to the court for the full amount of bail if the defendant fails to appear for the court date. Before agreeing to
assume the risk of posting bail, the bail agent requires collateral from the defendant, such as jewelry,
securities, or written guaranties by creditworthy friends or relatives of the defendant. This collateral acts as
security to ensure repayment for any losses the bail agent might incur. If the defendant appears to be a "poor
risk," and unlikely to return to court for trial, the bail agent will refuse to post bail. A defendant who has a record
of steady employment, has resided in the community for a reasonable length of time, and has no prior criminal
record is considered to be a good risk.
The bail agent, the defendant, or other interested party posts bail in the form of the bail bond at the court to
which the defendant is to return for the proceeding. The court clerk issues a bail ticket or similar document,
which is sent to the police to notify them that bail has been met. The defendant will be released from custody
when the bail ticket is received by the police. Liability under the bail bond ends when the defendant fulfills the
conditions of the bond by appearing in court on the specified date, or if its terms become impossible to
execute, such as by the death of the defendant or his or her arrest, detention, or imprisonment on another
offense in the same or different jurisdiction.
If a defendant fails to appear for trial on the date specified in the bail bond, the court will issue a warrant for the
defendant's arrest for "jumping bail," and the amount of the bond will be forfeited to the court. The bail agent is
authorized by statute to arrest the defendant and bring him or her back for criminal proceedings.
The state of Kentucky enacted a law making it illegal to post bail for profit, thereby outlawing the occupation of
bail bond agent.
A bail bond may be similarly used in cases of civil arrest to prevent a defendant from fleeing a jurisdiction to
avoid litigation or fraudulently concealing or disposing of assets in order to become judgment proof (incapable
of satisfying an award made against him or her if the plaintiff is successful).
A written promise signed by a defendant or a surety (one who promises to act in place of another) to pay an
amount fixed by a court should the defendant named in the document fail to appear in court for the designated
criminal proceeding at the date and time specified.
A bail bond is one method used to obtain the release of a defendant awaiting trial upon criminal charges from
the custody of law enforcement officials. The defendant, the defendant's family and friends, or a professional
bail bond agent (or bail agent) executes a document that promises to forfeit the sum of money determined by
the court to be commensurate with the gravity for the alleged offense if the defendant fails to return for the trial
date.
Most defendants are financially unable to post their own bail, so they seek help from a bail agent, who, for a
nonrefundable fee of 10 percent to 20 percent of the amount of the bail, posts bail. A bail agent becomes liable
to the court for the full amount of bail if the defendant fails to appear for the court date. Before agreeing to
assume the risk of posting bail, the bail agent requires collateral from the defendant, such as jewelry,
securities, or written guaranties by creditworthy friends or relatives of the defendant. This collateral acts as
security to ensure repayment for any losses the bail agent might incur. If the defendant appears to be a "poor
risk," and unlikely to return to court for trial, the bail agent will refuse to post bail. A defendant who has a record
of steady employment, has resided in the community for a reasonable length of time, and has no prior criminal
record is considered to be a good risk.
The bail agent, the defendant, or other interested party posts bail in the form of the bail bond at the court to
which the defendant is to return for the proceeding. The court clerk issues a bail ticket or similar document,
which is sent to the police to notify them that bail has been met. The defendant will be released from custody
when the bail ticket is received by the police. Liability under the bail bond ends when the defendant fulfills the
conditions of the bond by appearing in court on the specified date, or if its terms become impossible to
execute, such as by the death of the defendant or his or her arrest, detention, or imprisonment on another
offense in the same or different jurisdiction.
If a defendant fails to appear for trial on the date specified in the bail bond, the court will issue a warrant for the
defendant's arrest for "jumping bail," and the amount of the bond will be forfeited to the court. The bail agent is
authorized by statute to arrest the defendant and bring him or her back for criminal proceedings.
The state of Kentucky enacted a law making it illegal to post bail for profit, thereby outlawing the occupation of
bail bond agent.
A bail bond may be similarly used in cases of civil arrest to prevent a defendant from fleeing a jurisdiction to
avoid litigation or fraudulently concealing or disposing of assets in order to become judgment proof (incapable
of satisfying an award made against him or her if the plaintiff is successful).
Bail bondsman
From Wikipedia, the free encyclopedia
A bail bond agent, or bondsman, is any person or corporation which will act as a surety and pledge money or
property as bail for the appearance of a criminal defendant in court. Although banks, insurance companies
and other similar institutions are usually the sureties on other types of contracts, for example, to bond a
contractor who is under a contractual obligation to pay for the completion of a construction project, such
entities are reluctant to put their depositors' or policyholders' funds at the kind of risk involved in posting a bail
bond. Bail bond agents, on the other hand, are usually in the business to cater to criminal defendants, often
securing their customers' release in just a few hours.
Bail bond agents are almost exclusively found in the United States. In most other countries bail is usually
more modest and the practice of bounty hunting is illegal.[1]
Contents [hide]
1 History
2 Modern practice
3 References
4 Further reading
5 External links
[edit] History
The first modern bail bonds business in the United States, the system by which a person pays a percentage
of the court specified bail amount to a professional bonds agent who puts up the cash as a guarantee that
the person will appear in court, was established by Tom and Peter P. McDonough in San Francisco in 1898.
[citation needed]
[edit] Modern practice
Bail bonds agency in Indianapolis, USABond agents have a standing security agreement with local court
officials, in which they agree to post an irrevocable "blanket" bond, which will pay the court if any defendant for
whom the bond agent is responsible does not appear. The bond agent usually has an arrangement with an
insurance company, bank or another credit provider to draw on such security, even during hours when the
bank is not operating. This eliminates the need for the bondsman to deposit cash or property with the court
every time a new defendant is bailed out.
Bond agents generally charge a fee of 10-12% of the total amount of the bail required in order to post a bond
for the amount. This fee is not refundable and represents the bond agent's compensation for his or her
services. As the practice of paying a 10% cash premium for a bond became widespread, some courts have
recently instituted a practice of accepting 10% of the bond amount in cash, for example, by requiring a
$10,000 bond or $1,000 in cash. In jurisdictions where the 10% cash alternative is available, the deposit is
usually returned if the case is concluded without violation of the conditions of bail. This has the effect of giving
the defendant or persons giving security for the defendant a substantial incentive to make the cash deposit
rather than using a bail bond agent.
For large bail amounts, bond agents can generally obtain security against the assets of the defendant or
persons willing to assist the defendant. For example, for a $100,000 bond for a person who owns a home,
the bond agent would charge $10,000 and take a mortgage against the house for the full penal sum of the
bond.
If the defendant fails to appear in court, the bond agent is allowed by law and/or contractual arrangement to
bring the defendant to the jurisdiction of the court in order to recover the money paid out under the bond,
usually through the use of a bounty hunter. The bond agent is also allowed to sue the defendant for any
money forfeited to the court should the defendant fail to appear.
In most jurisdictions, bond agents have to be licensed to carry on business within the state. Several unusual
organizations often provide bail bonds.
Four states—Illinois, Kentucky, Oregon, and Wisconsin—have completely banned commercial bail bonding,
usually substituting the 10% cash deposit alternative described above. However, some of these states
specifically allow AAA and similar organizations to continue providing bail bond services pursuant to
insurance contracts or membership agreements.
The use of surety bonds has increased over the last decade, even as various agencies have sought to find
alternatives. The efficacy of both measures is controversial.[2]
The economically discriminatory effect of the bond system has been controversial, and subject to attempts at
reform since the 1910s, at least. See, e.g., Frank Murphy's institution of a bond department at Detroit,
Michigan's Recorder's Court.[3]
From Wikipedia, the free encyclopedia
A bail bond agent, or bondsman, is any person or corporation which will act as a surety and pledge money or
property as bail for the appearance of a criminal defendant in court. Although banks, insurance companies
and other similar institutions are usually the sureties on other types of contracts, for example, to bond a
contractor who is under a contractual obligation to pay for the completion of a construction project, such
entities are reluctant to put their depositors' or policyholders' funds at the kind of risk involved in posting a bail
bond. Bail bond agents, on the other hand, are usually in the business to cater to criminal defendants, often
securing their customers' release in just a few hours.
Bail bond agents are almost exclusively found in the United States. In most other countries bail is usually
more modest and the practice of bounty hunting is illegal.[1]
Contents [hide]
1 History
2 Modern practice
3 References
4 Further reading
5 External links
[edit] History
The first modern bail bonds business in the United States, the system by which a person pays a percentage
of the court specified bail amount to a professional bonds agent who puts up the cash as a guarantee that
the person will appear in court, was established by Tom and Peter P. McDonough in San Francisco in 1898.
[citation needed]
[edit] Modern practice
Bail bonds agency in Indianapolis, USABond agents have a standing security agreement with local court
officials, in which they agree to post an irrevocable "blanket" bond, which will pay the court if any defendant for
whom the bond agent is responsible does not appear. The bond agent usually has an arrangement with an
insurance company, bank or another credit provider to draw on such security, even during hours when the
bank is not operating. This eliminates the need for the bondsman to deposit cash or property with the court
every time a new defendant is bailed out.
Bond agents generally charge a fee of 10-12% of the total amount of the bail required in order to post a bond
for the amount. This fee is not refundable and represents the bond agent's compensation for his or her
services. As the practice of paying a 10% cash premium for a bond became widespread, some courts have
recently instituted a practice of accepting 10% of the bond amount in cash, for example, by requiring a
$10,000 bond or $1,000 in cash. In jurisdictions where the 10% cash alternative is available, the deposit is
usually returned if the case is concluded without violation of the conditions of bail. This has the effect of giving
the defendant or persons giving security for the defendant a substantial incentive to make the cash deposit
rather than using a bail bond agent.
For large bail amounts, bond agents can generally obtain security against the assets of the defendant or
persons willing to assist the defendant. For example, for a $100,000 bond for a person who owns a home,
the bond agent would charge $10,000 and take a mortgage against the house for the full penal sum of the
bond.
If the defendant fails to appear in court, the bond agent is allowed by law and/or contractual arrangement to
bring the defendant to the jurisdiction of the court in order to recover the money paid out under the bond,
usually through the use of a bounty hunter. The bond agent is also allowed to sue the defendant for any
money forfeited to the court should the defendant fail to appear.
In most jurisdictions, bond agents have to be licensed to carry on business within the state. Several unusual
organizations often provide bail bonds.
Four states—Illinois, Kentucky, Oregon, and Wisconsin—have completely banned commercial bail bonding,
usually substituting the 10% cash deposit alternative described above. However, some of these states
specifically allow AAA and similar organizations to continue providing bail bond services pursuant to
insurance contracts or membership agreements.
The use of surety bonds has increased over the last decade, even as various agencies have sought to find
alternatives. The efficacy of both measures is controversial.[2]
The economically discriminatory effect of the bond system has been controversial, and subject to attempts at
reform since the 1910s, at least. See, e.g., Frank Murphy's institution of a bond department at Detroit,
Michigan's Recorder's Court.[3]