How Bail Bonds Work: A Complete Guide

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The number of incarcerated people in the US has increased by a mind-boggling 700 percent since 1970. 

Getting arrested can be a terrifying experience, both for you and someone you care about. But once the initial shock has passed, you need to decide what to do.

Usually, you’ll need to stay in jail pending your bail hearing. In case you can’t raise the bail money yourself, you have the option to contact a bail bondsman to post the bail for you. If this is your first time getting arrested, you may not know how bail bonds work.

That’s why we’ve prepared this comprehensive guide. Here, we explain all about bail bonds, including what they are, how they work, and how to get one. Read on to learn more.

What Is Bail?

Bail refers to an amount of money set by the court to act as insurance between a jailed person and the court. As the defendant, you have the option to pay bail in cash.

Typically, the bail set is a high amount, and most defendants can’t afford to post it by themselves. In such situations, defendants can seek assistance from bail agents to post bail bonds on their behalf.

What Is a Bail Bond?

 A bail bond refers to a surety that’s offered by a surety bail bond agency through a bail bonds sacramento ca or bail agent to secure the release of a jailed person. Generally, there are two main types of bail bonds:

Criminal Bail Bond

A criminal bail bond is for criminal cases and gives a guarantee that the defendant will appear in court for trial. This bail bond also guarantees payment for fines and penalties that the court may decide against the accused.

Because this type of bail bond is typically set for felonies and serious crimes, the amounts involved are higher. 

Civil Bail Bond 

This type of bail bond is for civil cases and guarantees the payment of any debt, as well as the interest and other fees, that the court assesses against the defendant. 

How Bail Bonds Work

The bail bond process begins with the judge setting a bail amount. If, as the defendant, you can’t pay the amount set by the court, you can contact a bail bondsman for help in the form of a bail bond.

If the bail bondsman agrees to post a bail bond for you, you’ll have to pay them 10 percent of the total bail amount. The bail bondsman then secures the remaining bail amount in the form of collateral. 

What if you don’t have enough collateral? Well, the bail agent may opt to seek out your friends and relatives to help in covering the bail. Sometimes, an additional cash payment is needed on top of the full collateral to post bail. 

As soon as the bail bond has been posted, you’re free to go home pending the hearing of your case. In case you fail to show up in court, the bail bond is forfeited, and the court orders the bail bondsman to repay the remaining 90 percent of your bail. The bail bondsman now used your collateral to pay the amount required by the court.

If you do appear in court, the court will dissolve the bail bond once the case is concluded and return the collateral to the person who posted it. 

But how does bail bond make money? Well, the 10 percent cash fee you paid is kept by the bail bondsman as profit.

What Can You Use as Collateral for a Bail Bond?

Different bail bonds agencies have different rules on what can act as collateral. Generally, anything you have that’s an asset or is worth a considerable amount of money will be accepted.

Some of the common items people use as collateral include real estate, vehicles, jewelry, stocks, bank accounts, and credit cards.

What Factors Will Influence Your Bail Amount?

In most jurisdictions, crimes have standard bail amounts depending on how severe an offense is. However, the judge has the right to increase or reduce the amount as they see fit.

If you have a significant criminal record, the judge will most likely increase your bail amount. Fortunately, people can get rid of previous charges from their criminal records using the expungement process.

In case you make it a habit not to show up in court for hearings, the court can also decide to increase your bail amount. Sometimes, a judge can decide to deny you bail, forcing you to remain in jail till your sentencing.

How Can You Find a Reliable Bail Bondsman?

The good news is that there are numerous companies out there that offer bail bonds. But not all of them are equal. Here are four tips for choosing one you can trust:

Seek Advice from Detention Officers

The first place to begin looking for a reputable bail bondsman is to inquire from the detention officers. Since they work with different agencies every day, they’ll usually know the most dependable ones around.

Talk to Your Lawyer

If you have an attorney, speak to them before you decide on a bail agent. Defense lawyers work with numerous bail bond companies and can tell you who to call. Your lawyer may even get you a lower fee when negotiating with your potential bail bondsman.

Ask How Much the Bail Bondsman Charges

Typically, bail bond agencies charge 10 percent of the bail amount. However, there are some that charge lower. Either way, it helps to know what you’re going to be paying your bail bondsman before signing any papers. You can also ask an agent for Lakewood Bail Bonds for more information.

Beware of Suspiciously Cheap Bail Bond Agencies

Sometimes, you come across agencies that charge super low prices for bail bonds. Think twice before jumping on such offers. It could be a signal that they’re inexperienced in the field, operate illegally, or offer poor services.

Getting a Bail Bond Doesn’t Need to Be Complicated

There are many reasons you may find yourself in jail, but posting bail can help you stay out of jail for the duration of your case.

Now that you know how bail bonds work and how you can get one, we hope that if you’re ever unfortunate enough to find yourself in jail, you’ll know what to do.

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Comments

  1. I like how you mentioned that it can be a scary situation if you or someone you care for gets arrested by the authorities. My brother is thinking of looking for bail bond services because his son was arrested last week while driving around the neighborhood intoxicated. I think it’s a good idea for my brother to consider hiring a reputable professional that can help get his son out of jail while they await his court date.

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