How Does Bail Bond Work
This is a question often asked in a time of uncertainty and crisis. How does bail bond work is a easy and simple process for everyone to understand. Bail bonds are appearance bonds, promising the criminal court the defendant will appear for the underlying criminal charges. Additionally, bail bonds are considered “cash” money, as if you had given a check or cash to the court or jail for the arrestee’s release.
This form of pre trial release is very popular in states where county bail schedules are too high for an average person to post cash bail. Thus, people will use a bail bond company to have their friend or loved one released from jail.
Fees and Collateral With How Does Bail Bond Work
Bail bond laws in the state regulate what fees a bail bond company may charge for their bail bonds service. In California, the average bail bond will cost 10% of the total amount of bail, but as low as 8% with certain requirements. So, a $10,000.00 bail bond for a second DUI would cost you a $1,000.00 dollar premium. This amount is non-refundable upon the arrestee’s release and charged annually by many bail bond companies.
The bail bond company’s money is on the line when issuing a bail bond. If the defendant fails to appear at any point during their case, the total amount of the bail bond may be lost to the court. Thus, collateral is sometimes required to secure the bail bond issued for a defendant. Real property (home), CD accounts, savings accounts, and letters of credit, are all forms of collateral used to secure the bail bond issued. Several reason for requiring collateral are as follows:
- Large bail amount
- Severity of the criminal charges
- Defendant’s prior criminal history
- Exposure to jail time
It is very clear to you now how does a bail bond work. Lets recap on the bail bond process. A co-signer pays a percentage of the bail bond amount to a bail bond company for the arrestee’s release. In addition, the co-signer may be required to use some form of collateral to secure the bail bond and the defendant’s appearance in court. Once the defendant has satisfied the court requirements, the bail bond will be exonerated by the court relieving all parties of the bond amount.
Professionals On How Does Bail Bond Work
Bail bond work is performed by professional licensed bail agents. Many times these individuals are referred to as bail bondsman. As a professional, it is the duty and responsibility of the bail agent to explain the procedures of bail and the possible consequences for the defendant’s failure to appear. It is also the responsibility of the bail agent to explain all state approved bail bond documents and forms to the co-signer of the bond.
The bail agent also has a fiduciary duty to locate and apprehend the defendant who has failed to appear in court. Again, the bail bond is an appearance bond, and we have promised the criminal courts to the defendant’s cooperation and appearance. Unfortunately, the costs associated with the apprehension of the fugitive defendant are the responsibility and obligation of the co-signer, as outlined in the surety bail bond agreement. For these reasons, it is extremely important the co-signer understands on how does bail bond work before entering into any agreement for an issuance of a bail bond.