Understanding Bail Bonds: Your Guide to Temporary Freedom
A bail bond is an agreement by a criminal defendant to appear for trial or pay a sum of money set by the court. It is co-signed by a bail bondsman, who charges the defendant a fee in return for guaranteeing the payment.
The bail bond is a type of surety bond. The commercial bail bond system exists only in the United States and the Philippines. In other countries, bail may entail a set of restrictions and conditions placed on criminal defendants in return for their release until their trial dates.
Key Takeaways
- A bail bond co-signed by a bail bondsman is posted by a defendant instead of paying the full bail amount set by the court.
- The bail bond acts as surety that the defendant will appear for trial.
- Judges have wide discretion in setting bail amounts.
- Bail bondsmen generally charge 10% of the bail amount upfront for their service and may charge additional fees. Some states cap the amount charged at 8%.
- The bail system is widely seen as discriminatory towards low-income defendants, contributing to the mass incarceration of young Black men.
How a Bail Bond Works
When a person is charged with a crime, they typically have a bail hearing before a judge, who decides the bail amount. A judge may deny bail or set it at high amounts if the defendant is charged with a violent crime or is likely to flee before trial.
The choices a defendant has after bail is set include:
- Remaining in jail until the charges are settled at trial.
- Arranging for a bail bond.
- Paying the bail amount in full until the case is resolved.
In some jurisdictions, courts may accept title to a home or other collateral of significant value in lieu of cash payment.
The Role of a Bail Bondsman
Bail bondsmen, or bail bond agents, provide written agreements to criminal courts promising to pay the bail in full if the defendants fail to appear for their trial dates.
Generally, these agents charge 10% of the bail amount upfront and may levy additional fees. In certain states, the fee is capped at 8%. Additionally, the defendant may need to provide collateral in the form of property or securities.
Once the bail or bail bond is delivered, the defendant is released until trial.
Disadvantages of the Bail Bond System
The bail bond system is a contentious part of the broader debate over mass incarceration, particularly of young Black men in the U.S.
The system is considered by many to be discriminatory. It requires low-income defendants to stay in jail or struggle to gather funds even before they stand trial. An estimated 536,000 people are being held in U.S. jails because they cannot afford bail or a bail bondsman’s service.
Example of a Bail Bond
Imagine New York resident Melissa is charged with a crime, and her bail is set at $25,000. Without the money to pay her bail, Melissa opts to contact a bail bondsman. The bondsman charges her 10% of the bond amount ($2,500) upfront. For the remaining $22,500, the bondsman secures collateral from Melissa or her family. Melissa attends all required court sessions and gets her collateral returned at the end of the trial, minus the $2,500 paid to the bondsman.
What Can Be Used as Collateral for a Bail Bond?
Bail bondsmen accept various forms of collateral, such as real estate, cars, credit cards, stocks, bonds, and jewelry.
What Happens If I Cannot Post Bail?
If you cannot post bail, you will generally remain in jail until your case is resolved.
Will I Get My Bail Money Back?
Returning bail money depends on the locality and the charge. In New York, for example, bail is returned at the end of the case unless you are found guilty, to which bail is returned minus a 3% fee.
The Bottom Line on Bail Bonds
A criminal defendant agrees via a bail bond to appear for trial or pay a court-set sum. The bail bond is co-signed by a bail bondsman, who charges a fee for the guaranteed payment. The commercial bail bond system, mainly practiced in the United States and the Philippines, is criticized for its discriminatory nature and its role in the mass incarceration of low-income individuals, particularly young Black men.
Related Terms: surety bond, criminal defendant, trial date, bail bondsman, bail amount, collateral, creditworthiness.
References
- New York City Department of Finance. “How to Get a Bail Refund”.
